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(영문) 서울남부지방법원 2019.07.11 2017고정348
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendant

B The defendant A shall be punished by a fine of KRW 5 million, and the defendant A shall be punished by a fine of KRW 10 million.

Defendant

B above.

Reasons

Punishment of the crime

1. Defendant B is a person who worked as the head of the department from October 1, 2005 to March 30, 2015 in the research institute development department A, a corporation located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, as the head of the department, while working as the head of the department.

D, a victimized company, is a company that sells fish parts, design, production, and household complete products in the wife population E in the Gyeonggi-do, and victim F, which operates the said company, concluded a supply contract with A from September 20, 2012 to March 19, 2015, and produced and supplied fish-related drawings, design, and gold production, etc., which are necessary for household goods from around September 20, 2012.

On January 17, 2015, the Defendant jointly developed and developed a revolving water tamp cleaning apparatus with the victim who is a victimized company. On January 17, 2015, the Defendant received a drawing containing the concept of “revolving water tamp cleaning apparatus” using “H” as a trade secret from the victim through I message. On January 20, 2015, the Defendant received a detailed design drawing of “revolving revolving water tamp cleaning apparatus using H,” which is a trade secret from the victim, through I message.

After that, while negotiating with the victim about gold-type production and supply of parts, the defendant did not use the above trade secret since he decided to suspend the development of the victim around March 17, 2015. However, on March 2015, the defendant transferred the above data necessary to develop new products to K operating J Co., Ltd., and developed the "L" model, a new product, using the power transmission mechanism of revolving revolving revolving revolving a revolvingr using H developed by the victim A.

Accordingly, the defendant used trade secrets useful to the damaged company for the purpose of obtaining unjust profits or causing damage to the damaged company.

2. The defendant A, as in paragraph (1), is the defendant's employee B, with regard to the defendant's business.

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