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(영문) 인천지방법원 부천지원 2018.04.06 2018고단70
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
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Defendant

A Imprisonment of 1 year and 4 months, Defendant B’s imprisonment, and Defendant C’s fine of 7,00,000 won, respectively.

Reasons

Punishment of the crime

1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets, etc.) / Defendant A / [Defendant A and Defendant B] served as the head of the development team affiliated with the technology research institute of the victim G during the period from December 1, 2008 to December 5, 2012. A working for Defendant B from January 2, 2013 to September 20, 2014, and Defendant B is the representative director of C who actually operates and manages the said company as the head of the development team of the technology research institute affiliated with the victim G during the period from January 2, 2013 to September 20, 2014.

Victim G Co., Ltd. started the business through the development of the General Call Center in 2004, and is a company that develops and sells the solution related to the duties of the Call Center, such as IVR (Automatic telephone response), VRS (S voice recording by telephone), FAX (Automatic Transmission by FAX).

The bar code of the call center fashion, such as the victim G, which is developed and sold, is not publicly known, but has independent economic value. It is a useful business secret of the victim company that the victim company is kept confidential by considerable effort.

Defendant

B, while leaving the victim company, Defendant A instructed Defendant A to develop C’s call center chain by using the call center code of the victim company without permission. Defendant A responded to this.

Accordingly, Defendant A used the victim’s call center manual from January 2013 to November 2013, 2013, using the source file of “VRS solution”, which was developed and sold by the victim G, at the office C office of Guro-gu Seoul Special Metropolitan City HH building 307, and used the victim’s call center manual from January 2013 to November 201, the victim’s call center manual.

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