Defendants shall be punished by imprisonment for one year and four months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Reference Facts]

1. The injured company and F are corporations established on January 28, 200 for the purpose of manufacturing, selling, etc. industrial machinery, machinery, parts, and manufacturing and selling industrial machinery, machinery, and parts in the Busan Summer-gu.

F The F consists of a extreme board among the automobile exhaustr automation facilities, which wurgizes the needs to purchase in an envelope and is composed of a extreme string part, a de-string part, and a part on the side floor.

The injured company is a company that has succeeded to the development and domesticization of F for the first time in Korea, and has invested the development cost of 1.1 billion won by conducting research and development from around 2000.

2. As to the Defendants’ status, Defendant A served as the head of technical department of the victimized company from February 1, 1997 to February 28, 2003, and from November 16, 2004 to June 30, 2010, Defendant A operated the said company as the K representative director of the Gangseo-gu Busan Metropolitan Government J for the purpose of manufacturing factory automation facilities.

Defendant

B worked as the head of the victimized company design team from July 4, 1994 to August 31, 2010, and the above K Co., Ltd. is established and operated together with Defendant A.

Defendant

A and Defendant B filed a complaint against the victimized Company on July 14, 201 due to the violation of the Patent Act by taking away the F Design Drawings, etc. of the victimized Company from around June 2010 and manufacturing and selling the same kind of product. On October 2011, the complaint was revoked on condition that the victimized Company return and discard design drawings, etc. and compensate for damages.

[Criminal facts] Defendant A and Defendant B had the intent to produce and sell the same product using the F drawings of the victimized Company F.

Defendant

A and Defendant B, even though they have duties to return or discard to the company at the time of retirement, have duties to leave the damaged company and establish KK, which is the same kind of company.