beta
(영문) 서울중앙지방법원 2016.08.11 2013고단7560

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

Defendant

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

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

The change to the “J” on June 19, 2013, the Seongbuk-gu Seoul Seongbuk-gu Victim G Victim H Co., Ltd., Ltd. (hereinafter “H”) is a first-class company in the field of production of a device with K in I, which is “the knowledge and economy of an enterprise with certified daily products of the world is included above 5 global market share or one-class company in the export performance is designated as a world-class product certified enterprise.”

Defendant

A A was employed at H around February 2004 and engaged mainly in the development and production of hardware for seven years from April 201. A is a person who worked as the head of an overseas business team from January 201 to April 30, 201 through the hardware development team leader and the hardware production team leader.

Defendant

B is a person who was employed in H around August 2001 and was on June 2005 at the software development team, and was employed in H around August 2007 at the software development team, and was employed in the development of I’s measurement data processing and user personal data (GUI) at the software development team until August 5, 201, and worked as the responsible researcher of H-affiliated research institute’s research and development team.

1. No person shall acquire or use business secrets useful for the enterprise or divulge them to a third party with an intention to obtain unjust profits or to inflict damage on the enterprise;

A. Defendant B’s sole crime committed by Defendant B was limited to two employees, the responsible researcher and the team leader of H’s research and development division, who can access H’s entire source code, by taking advantage of the fact that Defendant B’s independent crime was limited to KRW 15.6 billion in total, by adding research development expenses and personnel expenses from 2004 to 201 to 15.6 billion in total, on November 9, 201.