부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Defendant
A shall be punished by a fine of two million won.
Defendant
If A does not pay the above fine, KRW 100,000.
Punishment of the crime
Defendant
A is a quality control team leader in charge of product quality control, such as production, business, and technical field, who enters the F Co., Ltd. (hereinafter referred to as “victim”) on July 1, 2009 and has overall control of the F Co., Ltd. (hereinafter referred to as “F Co., Ltd.”).
The injured company is a company that produces and sells the PFC product, which is a part of the heat exchange equipment used for planting the heat of household electronic equipment, such as automobile dys and air-conditioning equipment.
Since drawings, unit price information, quality information, etc. stored in the office computers, public e-mail, etc. of the victimized company are all major assets in the business of the victimized company, Defendant A had a duty to not acquire or remove such information without permission.
Nevertheless, on June 2013, the Defendant acquired, without permission, files in attached Form 1 (e.g., files in attached Form 2 (except for the first 426) from the Defendant’s computer, business team H and quality team I’s computer, public use, etc. in which files containing the above information are stored in the Defendant’s office of damaged company located in Yangsan-si, in violation of the above occupational duties by means of distributed and stored in several USB the files containing the above information in advance on a mail, etc., in which the victimized company stored a file, such as drawings, unit price information, quality information, etc. that the victimized company obtained for a long time in violation of the above occupational duties.
Accordingly, the defendant suffered property damage equivalent to the economic value of the above information from the damaged company and acquired property profit equivalent to the above amount.
Summary of Evidence
1. The defendant A's partial statement
1. Witness before J;
1. Reports of internal investigation (limited to submission of data from leakage to damaged companies when preparing the records of J's statement);
1. Report on internal investigation (with respect to the result of execution of a warrant of search and inspection of seizure);
1. The report of investigation (the result of execution of a warrant of search and inspection) 1.