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(영문) 수원지방법원 2018.03.09 2015고단4376

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by imprisonment for ten months, and Defendant C shall be punished by a fine of 5,00,000.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to a suspended sentence of three years of imprisonment with labor for a crime of violation of the Unfair Competition Prevention and Trade Secret Protection Act (such as leakage of trade secrets) at the Cheongju District Court on January 12, 2017, and the judgment became final and conclusive on January 20, 2017.

[2] The crime committed by Defendant B is a person who retired from the company as the head of the business team, etc. at the victim K (hereinafter “victim company”) from September 2003 to December 2010. Defendant C is a person who retired from the company as the head of the victimized company’s research team and the head of the production team located from July 2008 to August 2013. Defendant A is a person who retired from the company as the vice president of L from around 2006 to December 31, 2013.

The injured company is the rubber-type co-rating company and gold-type co-rating company, the composite resin for electric wires, the composite aluminium complex board for construction, etc. (ju) L is a corporation established for the purpose of manufacturing and selling synthetic resin and synthetic resin additives, etc. from July 21, 2008 to June 20, 2012, which was partially consigned and processed with the consignment of the damaged company’s “the composite resin for electric cables”.

1. On April 4, 2011, Defendant C sent the Defendant’s e-mail (M) to Defendant B, who already retired through the Defendant’s e-mail (N) to “O’s composite resin, which is the business secret of the victimized company”.

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. On April 4, 2011, Defendant B transmitted the mixing ratio of “O”, which is a trade secret of the victimized company, from Defendant C, to Defendant C’s e-mail (P) by means of the same method as set forth in paragraph (1).

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.

3. Defendant A

A. The “O” mixing ratio.