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(영문) 서울중앙지방법원 2015.08.28 2015노2522

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Since the act of infringing on trade secrets is likely to undermine the foundation of market order by destroying fair competition order, strict countermeasures are required.

The automatic short-term model of the damaged company is accumulated with experience and effort that the damaged company has been accumulated for a long time, and the development and sale of it is the main type of business of the victimized company, but the defendant tried to gain profits in return for the removal of the damaged company to foreigners by lowering trust in the damaged company and deducting the technology related thereto from the technology.

In addition, since the defendant tried to leak the trade secret of this case to China, there is a risk of damage to the domestic related industries.

Damage companies want to be punished by the defendant.

In light of these circumstances, the sentence of the defendant needs to be sentenced.

However, the defendant led to the confession and reflect of the crime of this case as the first offender, and deposited certain money in the court below and the court below for the damaged company.

It is difficult to readily conclude that the actual ripple effect of the divulgence of trade secrets of this case is high due to the suspension of the Defendant’s crime by G’s information during the criminal process.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and all the sentencing conditions shown in the pleadings, it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.