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(영문) 수원지방법원 2020.09.11 2020고합32
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
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A defendant shall be punished by imprisonment for one year.

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

1. The status of the Defendant and the current status of the victim company B (hereinafter “victim Company”) are a company that develops, produces, and sells dental X-ray equipment, etc. for the purpose of the development, manufacture, distribution, export, import, etc. of personal health care assistive devices with microelectric currents.

Meanwhile, from May 7, 2014 to April 14, 2017, the Defendant was in charge of duties related to the manufacture of dental X-ray equipment at the victim company, and was employed by C (hereinafter “C”) as a partner company of the victim company (hereinafter “C”) after retirement.

2. A crime not returning, using, or divulging trade secrets (a crime of occupational breach of trust, violation of the Unfair Competition Prevention and Trade Secret Protection Act (a violation of business secrets, etc.);

A. The victim of occupational breach of trust established a security system that prevents copying of files on external devices, such as external hard disks, which are not approved on computers used by executives and employees, and established and implemented security regulations, and received a security pledge from executives and employees to refrain from shipping the company's materials without permission, and managed the company's materials so that they do not leak out of the company.

Accordingly, as the defendant submitted a trade secret protection pledge and received education related to the security, it was well aware that the victim company takes various measures to prevent unauthorized release of data, the defendant has a duty to prevent the company from divulging its data out of the company.

Nevertheless, on April 14, 2017, the Defendant did not return or delete important data that should not be leaked to the victim company, such as the E-Items List, F Tally Standard, and the final report on the development of E-State technology, which had been secured to perform duties while leaving the victim company office located in the victim company office located in Sungsung City D, to the victim company.

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