Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From March 2016 to March 16, 2018, the Defendant works as a shop at the “D” center operated by the victim C in Suwon-si, Suwon-si, Suwon-si, and has been in charge of customer management and business affairs.
From 2012, the victim operated the above emblem center, and collected and managed customer information including the name of 6,000 customers, mobile phone numbers, addresses, entrance dates, etc. through the "E customer information management program". The victim limited the access authority of customer information such as allowing perusal, revision, and download of customer information to the defendant, and granting the general employees only access of customer information, and maintained it as confidential by reasonable efforts.
1. The Defendant in occupational breach of trust shall not without permission take out or provide it to a third party, etc. major assets of the victim, such as customer information used or acquired while working at the insignia center operated by the victim, and the Defendant has a contractual or good faith duty to return or discard customer information, etc. acquired at the time of retirement to the victim and not use it against the interest of the victim.
Nevertheless, the Defendant retired from the above “D” center on March 2018, and went to the USB by receiving all customer information of the Defendant’s trade secrets from the “E customer information management program” for business use.
As a result, the defendant acquired the economic benefits of the market value of the above customer information and caused the same property damage equivalent to the same amount to the victim.
2. Any person who violates the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as "business secrets, etc.") shall make such trade secrets for the purpose of obtaining unjust profits or inflicting damage on the owner of the trade secrets.