부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant worked for a company C (hereinafter “victim”) from October 2009 to June 2014 at the two teams of business operations. From July 1, 2014 to July 1, 2014, the Defendant is a person who works for a company D (hereinafter “E”) which is a same kind of company as the victimized company (hereinafter “E”) as a business director.
On March 28, 200, the main business of the injured company is the manufacturing industry of machinery for the manufacture of semiconductors, the purchase and sale or brokerage of idle assets, and the consultation on the purchase and sale of corporate assets among corporations, and the participation in the bidding procedure of semiconductor equipment, and the repair and resale of equipment at home and abroad, and the market share of the semiconductor equipment market in the whole world is 8% and the status of the first class is maintained.
On the other hand, on October 19, 2009, the defendant, at the time of joining the damaged company, prepared a written agreement on the protection of trade secrets, and promised on the duty of confidentiality, and made and submitted to the damaged company a written agreement on the protection of trade secrets, which is not only the time of withdrawal, but also the information acquired on June 26, 2014, which is the time of withdrawal, the defendant did not divulge the information acquired on business to another person, and
1. Around June 24, 2014, the Defendant sent a file No. 1 once a year again, which is a victim’s business secret, such as data on the calculation of the price of semiconductor equipment, prepared by the damaged company based on the e-mail (H) of the Defendant’s e-mail (F) that was already retired through the Defendant’s e-mail (F) of the Defendant, to participate in the bid of Samsung Electronic Co., Ltd. and data on the calculation of the price of semiconductor equipment.
Accordingly, the defendant disclosed business secrets useful to the damaged company for the purpose of obtaining unjust profits or causing damage to the damaged company.
2. The defendant in occupational breach of trust is a business secret or business secret which he/she acquired while in office in the damaged company when he/she retires from the damaged company in accordance with the above written pledge of information protection, etc.