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(영문) 의정부지방법원 고양지원 2017.07.14 2015고단3315

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)

Text

Defendant

F, G, H, and I shall be punished by a fine of one million won, respectively.

The above defendants did not pay the above fines.

Reasons

The crime history room (Defendant F, G, H, and I) was employed by Defendant F, G, H, and I as an employee of the Victim S Co., Ltd. (hereinafter “victim”) on August 2013. Defendant F instructed Defendant G, Defendant H, and Defendant I to have the raw materials of each process when leaving the company established by Defendant H, and Defendant H, and Defendant I voluntarily set back the damaged company from August 2013 to November 2013. Defendant G had the 6m in the NC age of 5,000 won at the market price, Defendant H had the 250,000 won at the market price, and Defendant H had the 100,00 won at the 10,000 Kater’s market price.

As a result, the Defendants conspired and stolen the raw materials of the victimized company equivalent to 315,000 won in total.

Summary of Evidence

1. Defendants’ legal statement

1. The legal statement of the witness F (as to Defendant G, H, and I)

1. The witness G’s legal statement (as to Defendant F, H, and I)

1. The witness H’s legal statement (as to Defendant F, G, and I)

1. Application of the law to witness I’s legal statement (as to Defendant F, G, and H)

1. Relevant Articles and 329 of the Criminal Act and the Defendants’ choice of punishment for criminal facts: Articles 329 and 30 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the value of the larceny of this case is small amount, Defendant F, G, and I are the primary offenders, and Defendant H is not subject to criminal punishment, under favorable circumstances, that is, there is no other means of criminal punishment, and the Defendants committed a theft of raw materials with the intent to assist D while leaving their job as employees of the victim’s competitive company D, and that there is no other means of criminal punishment.

Such circumstances and the Defendants’ age, sex, environment, and crime.