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(영문) 서울중앙지방법원 2017.05.31 2016고단6819

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From September 2013 to September 2014, the Defendant came to know that the victim company developed “F”, a local separation device, while delegated the sales business of medical devices from E, which is a medical device company, to run the business.

After the completion of the above work, the Defendant offered “F” product sampling and design drawings to the Plaintiff, a same medical device company (H team leader) who had worked from February 2013 to July 2013 of the same year, the previous Defendant offered the “F” product sampling and design drawings to the Plaintiff, it was discussed that the Defendant would manufacture this product and be in charge of domestic sales rights. As such, the Defendant instructed F (II Patent Registration J) product sampling and design drawings to the Plaintiff.

On October 26, 2014, the Defendant, at the victim company office located in Seocho-gu Seoul Metropolitan Government, opened a corrected entrance by recognizing the Defendant’s fingerprints in the entrance fingerprint recognition device, and intruded into the private room. After then, the Defendant, at the victim company’s office located in Seocho-gu Seoul Metropolitan Government, stolen the “F” prototype sample sample 2 sets (market price in fire) owned by the victim company.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of the witness E’s legal statement statutes;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (influence of buildings), Article 329 of the Criminal Act (influence of intention) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one month and nine years;

2. Application of the sentencing criteria;

(a) Determination of types: thiefth type (Infringed thief) for general property;

(b) Special sentencing factors: Where a person has intruded into a place other than an indoor residential space (aggravated factor) with heavy personal damage and the damage has not been recovered.

(c) The territory of recommendation and the scope of punishment: Basic area, imprisonment with prison labor, one year and two years and six months.

3. Determination of sentence: