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(영문) 대전지방법원 2012.11.15 2012노598
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not contain any fact that the victim company delivered trade secrets to the defendant A, and the defendant company produced products similar to the victim company in a short period. Thus, the defendants disclosed and acquired trade secrets for unlawful purposes, and made similar products using trade secrets, but the defendants rejected the credibility of H's statement, and the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment.

2. The summary of the facts charged is the representative director of D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established on September 13, 2005, and Defendant B is the director of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd”) from May 15, 2000 to February 2008, who has overall control over the business of experimenting, researching and researching the efficacy, etc. of products with respect to eco-friendly non-friendly pesticide products, and developing products, and managing affairs such as managing funds of the above companies, purchase of raw materials, etc.

Defendant

B On September 13, 2005, when the defendant company was listed as a director with 15% shares in the shares of the defendant company at the time of the incorporation of the defendant company, and the defendant company's work together is not allowed to acquire, use, or divulge trade secrets useful to the company for the purpose of obtaining unjust profits or causing loss to the company, but it used trade secrets related to the production of eco-friendly organic farming materials acquired at the time of the defendant company's work for the defendant company to produce and sell eco-friendly organic farming materials similar to that of the defendant company.

Defendant

B's disclosure of business secrets and occupational breach of trust on May 1, 2007, the Defendant, at the office of the above victim company located in Seo-gu Daejeon Special Metropolitan City F. F. F. 307, is a director who exercises overall control over the research, product development, fund management, purchase, etc. of environmentally friendly pesticide products of the above company and shall not faithfully perform the company's duties and divulge internal data.

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