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(영문) 의정부지방법원 2017.06.22 2016고단3466

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A From September 12, 2005 to October 31, 2013, from around September 12, 2013 to the sales division of the victim E Co., Ltd. (hereinafter referred to as “victim”) engaged in business activities such as managing customers of the victimized company, and Defendant B engaged in the business activities producing and managing all chemical products produced from the damaged company’s factory site from January 16, 2008 to March 28, 2014.

The injured company manufactured and produced precision chemical products, such as a bomb for crowdfunding, and the Defendants had a duty not to allow the unauthorized release of technical and managerial data acquired while working in the injured company to leak them to the competitor company or to use them for their own interest.

Nevertheless, around October 2013, Defendant A conspired with the victim company’s representative G and wage issues, etc., resulting in a dispute between the victim company’s company and established and run the same kind of company as the victimized company. On December 2013, Defendant A established the manufacturing company, such as F Epppppppopers, etc., and conspired Defendant B into the above company, Defendant B used the manufacturing technology of the victimized company with Defendant B to produce and sell chemical products identical or similar to the victimized company’s products.

From February 2, 2014 to August 2016, the Defendants produced all kinds of chemical products, such as Q, R, S, T, U, and W, which are identical or different from the above chemical products of the victimized company using chemical products such as J, K, L, M, N,O, P, and all kinds of chemical products used in the color of the victimized company, such as J, K, L, M, N, P, and V, which are technology for the production of the victimized company's products at H factories located in Nam-si, Nam-si. The prices lower than the unit prices of the victimized company's supply using the product, unit prices, etc. (hereinafter referred to as "technical materials of this case") for each customer, which are material for the sale of the victimized company's products, to the injured company's customers.