A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Victim B Co., Ltd. (hereinafter referred to as “victim B”) is a major business asset with independent economic value, which is a company that imports and sells industrial valves, rubber and plastics manufacturing equipment, environmental and equipment reliability testing equipment, and products information, design drawings, estimates, etc. of the victimized company, and is not generally known to the general public.

The Defendant, from May 15, 200 to May 15, 200, overall control over the business of importing and selling industrial valves, rubber and plastics manufacturing equipment, environmental and equipment reliability test equipment, as vice president from the damaged company located in Guro-gu Seoul Metropolitan Government, via the head of the business headquarters, was set up and operated D Co., Ltd., a competition company of the victimized company from February 3, 2015.

On December 31, 2014, the Defendant was obligated to return or destroy trade secrets and assets of the victimized company according to the information security pledge prepared by the victimized company when he/she was withdrawn from the victimized company.

Nevertheless, on December 31, 2014, the Defendant did not return or discard 325 files recorded in the list of crimes, such as rubber equipment production design drawings, F files, etc. purchased by the damaged company E at the time of retirement from the damaged company, to the damaged company.

Accordingly, the defendant and D Co., Ltd. obtained the amount of non-property benefits and suffered the same amount of property damage in the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to G, H and I;

1. Written Statement;

1. Records of seizure and the list of seizure;

1. Application of the rules of employment, resignation, written pledge of information protection, each mail data, each certified transcript of corporate register, IOR, and each crime log file output in the statute;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination as to the assertion of the defendant and defense counsel selected by imprisonment with labor.