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(영문) 수원지방법원 2017.11.29 2017고단5020

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B From November 1, 2010 to November 7, 2013, Company E (hereinafter referred to as “victim”) served in two teams of business, and around January 2, 2014, in the trade name of F, a company that is the same type of business as that of the victimized company. Around November 4, 2014, a company was established and served as a representative director until now, and the Defendant A worked in two teams of the victimized company from May 3, 201 to June 9, 2014 and worked in the two teams of the victimized Company from around July 2014 to around November 4, 2014, and the said Company was established and worked in F from the date of its incorporation to the date of its incorporation.

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, after joining the damaged company, Defendant B made an agreement on the protection of trade secrets and promised to maintain confidentiality on June 2, 201, and made and submitted a written agreement on the duty to maintain confidentiality to the damaged company, and on November 7, 2013, the time of withdrawal, Defendant B did not divulge information acquired on business and did not immediately return the company’s assets, and Defendant A made and submitted to the victimized company a written agreement on the duty to maintain confidentiality on May 3, 201, when the damaged company entered the injured company, and the duty to maintain confidentiality was not only promised by the written agreement on the protection of trade secrets, but also by the time of withdrawal, Defendant A made and submitted to the victimized company a written agreement on the protection of information that was to immediately return the company’s assets including the information.

Nevertheless, the Defendants are the defendants.