부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등) 등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
From August 11, 2003 to October 9, 2007, the Defendant works as the DVR security equipment development and as the 4st head of the research team of the victim D Co., Ltd. in the manufacturing industry, and the FPGGGG (FPG) is a semiconductor sub-contractor that includes a proteb logic and prominable internal lines.
The development work was in charge of the development work.
1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of business secrets), occupational breach of trust, and violation of the Computer Programs Protection Act;
A. On April 2004, the Defendant received a proposal from Denman E to “FPGA development case to be installed on the PCI card, which grants KRW 35 million to the development fee,” and accepted it.
Accordingly, on May 24, 2004, E entered into an entrustment development agreement with E-based corporation for “F design”.
From May 2004 to November 22, 2004, the Defendant drafted a confidentiality pledge to the effect that the Defendant shall not leak or use for any other purpose any trade secret obtained while working for the victim company at the house of the Defendant, G apartment 201-dong 810-dong 2004, and that the Defendant shall not release or use it for any other purpose. However, in violation of his duties, the Defendant drafted an “J” file by citing only some of the files of the “I” files among HS programs, which are the technical secrets of the victim company, among the HS programs, from the HS programs, and written the FPG's design source code (H) file (HGA), which is the technical secrets of the victim company, as described in the Schedule of Crimes (1).
Accordingly, the Defendant uses the trade secret of the victim company for the aforementioned unlawful purpose, and has the victim company obtain economic benefits equivalent to the amount of the market exchange price in competition with the victim company, and made the victim company obtain economic benefits.