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(영문) 인천지방법원 2016.06.22 2015노4611
업무상배임등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal of this case shall be acquitted for the following reasons.

Nevertheless, the lower court erred by misapprehending the legal principles or misapprehending the legal principles, which found the Defendants guilty.

A. The argument that the technology of this case is not a trade secret, ① the can compressors drawings, cans compresseds electric drawings, PLC programs, genetic fire-fighting drawings, and the part Part list (hereinafter “the data of this case”) were not managed as trade secret, and ② the technology of this case is merely merely the technology generally known and used, and is not helpful to the Defendants due to lack of performance, and thus does not have an independent economic value.

B. Defendant B and C, as their own owners, had been leaving the Had and Nohbuk, used for the work of the F Co., Ltd. (hereinafter “F”), and had been unaware of the fact that the instant data was stored in the above Had and Nohbuk, and there was no conspiracy for the Defendants to acquire and use the instant data and other F’s trade secrets.

2. Determination

A. Determination 1 on the argument that the instant data is not classified as trade secrets (A) Whether it has been managed as trade secrets, or whether it has independent economic value, without being publicly known, and refers to production methods, sales methods, and other technical or managerial information useful for business activities, which are maintained in secret by considerable effort. The phrase “contributing it as confidential by considerable effort.” The phrase “contributing it as confidential by considerable effort” means a person who has either indicated or notified the information as confidential, or limited access to the information, or access to the information.

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