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(영문) 창원지방법원 2015.05.15 2013고단3582

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for six months;

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is in office as the head of design department and director who is employed by the injured company (State) H on October 9, 200 and is engaged in the principal work of designing the automatic advanced type design.

After retirement from office on December 16, 2008, around March 2009, the Kimhae-si established a J mainly for the production of automatic malutism, automated devices, etc. at I, and on February 19, 2013, established a J Co., Ltd. which mainly performs the same business at the same place and has overall control over the above two companies' affairs.

Defendant

B is a director of design division who is employed in the damaged company on July 14, 2003 and works as the main business for the design of the automatic career style.

After retirement from office on August 17, 2010, the above J on October 18, 2010 is responsible for design, purchase, business, etc. for the production of automatic e-mail devices to the Vice Minister of the above J.

No person shall acquire, use or divulge trade secrets useful for the enterprise for the purpose of obtaining unjust profits or inflicting damage on the enterprise.

In addition, the damaged company entered into a system security contract with a private security company to monitor outside persons' access. The damaged company separately stored technical and managerial data such as automatic sway type drawings, circuit drawings, parts list, estimates, bidding price, cost analysis data, and the head of sales office in the design room and managed them in the form of restricting access by department and by class. In particular, the design drawings such as all automatic sway type devices of the damaged company were prohibited from unauthorized reproduction, removal, etc. without the prior permission of the victimized company (THS DDRW TH COMST COMPPHHHHHHHHHHHHHHHHHHHHHHHHHH CO, LTD MTPP MU2OE NABED NAED NAED NAED, TNNNNFD NAED U.S.O.O.D. MU. MUDDD REHHHHHHHHHNNNESO and the outside employee reproduction, employee reproduction and relevant PE.

While the Defendants were working in the injured company, they have been well aware of the fact that all the technical and managerial data related to the automatic malutism are treated as confidential in business.