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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
The District Prosecutors' Office that has been seized.
Reasons
Punishment of the crime
From October 25, 2007, Defendants are in charge of the development of CIM program (joint management and control of the automation factory system established to create products or components) which is the integrated information production management system while working in the Victim F Co., Ltd. (the representative G; hereinafter referred to as the “victim Co., Ltd.”) in Suwon-si E. 301 in Suwon-si, Suwon-si.
Defendant
A around July 30, 2011, Defendant B retired from around August 5, 2011, and around August 18, 2011, Defendant B established “J (a private enterprise established by the Defendant, and a business entity separate from L corporation operated by K)”, which is the same kind of company with Defendant B’s spouse H and registered its business under the name of Defendant B’s spouse, Suwon-si I Apartment-gu, Suwon-si, 305 Dong 602.
1. Defendant A’s criminal act, the injured company treated the above CIM Program Nos. as trade secrets, and submitted a security pledge to the effect that “no trade secrets shall be disclosed or disclosed, unlawfully used or removed, and no competitive company shall be employed or established for two years after retirement.” As such, there was a duty to return or discard the trade secrets acquired while the injured company was in office.
Nevertheless, the Defendant, in violation of his duty, retired from the damaged company on July 30, 201, and did not return or discard the CIM Program Nos. 31 of the victimized company, which was reproduced to the portable storage device, etc. while establishing the J along with B on August 18, 2011.
After December 5, 2011, the Defendant, along with B, ordered L Co., Ltd., the representative of K to develop the CIM program to control the automation equipment of M company, and completed the development around December 18, 201 using the CIM program code of the victimized company, such as the list of crimes and the CIM code of the victimized company.