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(영문) 서울중앙지방법원 2016.10.25 2015고단3408

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From January 1, 2005 to August 31, 2013, the Defendant worked for Co., Ltd., Ltd., and was in charge of the development of “D” and “E”’s mass text messages transmission program, which are “D” and “E”’s large volume text messages transmission program, and were in charge of the total responsibility, such as the storage of development source.

1. No person shall acquire or use trade secrets useful for the company or divulge them to a third party for the purpose of obtaining unjust gains or causing damage to the company;

In addition, since the defendant agreed not to spread confidential information acquired while working as an employee of the victim C Co., Ltd. (hereinafter "victim Co., Ltd."), there was a duty to divulge trade secrets or major business assets of the victimized Co., Ltd. or not to use them for the benefit of competition companies or their own interests.

From June 2010 to November 201 of the same year, the Defendant: (a) received a request from the injured company office located in Gwangju Northern-gu G and the Defendant’s office located in Gwangju Nam-gu H to request I to open the text message transmission site; (b) made a reproduction of the above “F” file, a trade secret of the victimized company, and provided a similar large amount of text messages transmission program; and (c) opened the said “J” website and provided it for compensation to I.

The Defendant continued from April 201 to August 2012, 2012, at the same place, set up a “K site containing a large amount of text messages transmission programs made by reproducing the said “F” files to I in the said manner, and offered I for a fee. From June 2012 to December 2012, the Defendant includes a large amount of text messages transmission programs made by reproducing the said “F” files at the said place.