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(영문) 서울중앙지방법원 2020.12.17 2020고단2303

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of six million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A around May 1, 2003, he/she enters the Internet-related business and content industry, software, hardware and system development, sale and lease business, private teaching institute management business, personal qualification-related online, offline education business, educational education program production business, e-learning-related business, etc. in Gwanak-gu in Seoul Special Metropolitan City, and is in charge of overall management and development of e-learning as the head of the e-learning business division (hereinafter referred to as "victim company").

On April 30, 2019, Defendant-B is a corporation located in Geumcheon-gu Seoul Metropolitan Government for the purpose of online video education business, Internet-related business and content industry, software, hardware, system development, sale and lease business, private teaching institute operation business, etc. around June 18, 2013.

1. Defendant A

(a) No person who violates the Unfair Competition Prevention and Trade Secret Protection Act (violation of business secrets, etc.) shall acquire or use trade secrets useful for the enterprise or divulge them to a third party for the purpose of obtaining unjust profits or inflicting damage on the enterprise;

Nevertheless, the defendant is willing to acquire financial benefits by providing online video lectures related to the acquisition of the qualification certificate of a water quality and air environmental engineer who prepares for the acquisition of the qualification certificate of an environmental engineer developed by the damaged company and by providing the same kind of video lectures using the lecture system. On June 18, 2013, the defendant established the above-mentioned dispute resolution bank for the purpose of the establishment of the victimized company, such as the victimized company, around July 2013, the defendant established the above-mentioned dispute resolution bank for the purpose of the establishment of the victimized company, using the trade secret of the victimized company, which was stored in the private company's personal computer in the damaged company's office, and established the homepage (G) of the above dispute resolution bank B by using the victim company's website (F) code, such as the trade secret of the damaged company, and from that time until October 9, 2019.