부정경쟁방지및영업비밀보호에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. Summary of grounds for appeal by the defendant;
A. The Defendant, as a staff member of C, did not acquire the said files with a view to obtaining unjust profits or causing damage to the said company, only when he/she left the storage device while saving and possessing the instant files necessary for work going to F to go to the outside.
B. In light of the circumstances such as: (a) the failure of the Defendant to return the external storage device containing the trade secrets of Co., Ltd. while leaving the office of unfair sentencing; (b) the primary offender; and (c) the support for his family members, etc., the sentence imposed by the lower court (ten months of imprisonment and confiscation) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below and the court below, since the defendant can recognize the fact that the defendant acquired the instant files, a trade secret of C, for the defendant himself/herself, for the purpose of using them, it shall be deemed that the defendant obtained unjust profits or suffered losses to the above company.
The Defendant alleged that the instant files were stored in the external storage device to work outside the company F as employees of C Co., Ltd., but in light of the fact that the said files were stored in the computer used by the Defendant in D Co., Ltd. (Evidence No. 750 pages 750 of the evidence record), etc., the Defendant’s above assertion is difficult to believe.
Therefore, this part of the defendant's argument is without merit.
B. The Defendant reflects the inappropriate sentencing, there was no record of punishment prior to the instant case, and the instant case actually caused damage to C Co., Ltd.
A witness G with the fact that the defendant does not seem to have obtained profits or the defendant does not seem to have obtained profits, is a stock company with the defendant's access to D with the file of this case.