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(영문) 수원지방법원 안산지원 2018.07.10 2016고단625

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

Defendant

A shall be punished by imprisonment for six months.

Defendant

A Of the facts charged against A, around April 2014 through May 2014.

Reasons

Punishment of the crime

Defendant

A From June 1, 2010 to January 24, 2014, A is the damage company E (hereinafter “damage Company”).

The term "F Limited Corporation" was employed as a technical director from May 2014, and from around May 2014, F Limited Corporation located in China (hereinafter referred to as "F Limited Corporation").

The technical director was working as a technical director in the term "title".

B served in G Co., Ltd. ( currently H) from around December 12, 1986 to February 2013, but from March 2013 to September 2014, B was in charge of the automobile inspection and test at the I Limited Company, a Chinese automobile transitioning manufacturer from March 2, 2013 to September 2014, and from January 2015, the J Co., Ltd, a motor vehicle engine and transitioning manufacturer, has served in the automobile test team.

Defendant

A was in service as a technical business director for the victimized company, and thus, the injured company's major business assets are not leaked to other companies, and there was a duty to prevent other companies from using them without the consent of the victimized company.

Nevertheless, at around July 16, 2013, Defendant A transmitted the above Defendant’s e-mail (K) to L (M) and B (N) (N), a research developer of the I Limited Company, a Chinese speed manufacturing company, “the value of both products, such as the e-mail of the said Defendant’s e-mail,” stating the “the value of Q Q “the files”, which is the material stated in the “the value of the pertinent data, stating the e-mail of the victimized Company, as the main asset of the victimized Company’s business.”

Accordingly, Defendant A obtained financial benefits equivalent to the market value of the above business assets from L et al. and suffered financial losses equivalent to the same amount from the damaged company.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness R, S and T;

1. The mail sent to L by A;

1. The term " Q" on a Mediet file (the act of an employee of a company carrying out data without permission by the competitor or his/her intent to use it for his/her own interest).