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(영문) 대구지방법원 2016.01.15 2015노1789
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

B, C, D, and F shall be sentenced to one year of imprisonment, and Defendant E.

Reasons

1. The progress of litigation and the scope of adjudication for the party concerned;

A. 1) Of the instant facts charged against the Defendants, the lower court affirmed the Defendants as to the use of part of the Defendant C’s trade secrets (the dismissal of the reasoning), Defendant D, C, and F’s use of some trade secrets (Defendant D: Nos. 8, 22, 39, 49, and Defendant C: 13 No. 13, 2, 38, 47, 50, 58, 61, 62, and 62 of the instant facts charged against the Defendants, as indicated in the judgment of the lower court, by dismissing the public prosecution (the dismissal of the public prosecution for the reasons), and convicted each of the Defendants as to the use of the remaining trade secrets of the Defendant D, C, and F (the crime No. 16, 2, and 200, 100, 1000, 100, 1000, 100, 50, 100, 10, 50, 10, 20,

2) Prior to remand, the prosecutor and the Defendants appealed against the judgment of the court below on the grounds of misunderstanding of the facts or misunderstanding of legal principles and misunderstanding of sentencing, and the judgment of the court below was partially accepted from the above defendants C, E, and F. The part concerning the defendants B and D is reversed ex officio due to changes in the indictment, and sentenced the defendants B, C, D, and F to one year of imprisonment and a fine of ten million won, and sentenced the defendants E to ten months of imprisonment and a fine of ten million won. The reasoning of the judgment of the court below is that part of the defendant C uses the defendant's trade secrets (the sequence 13,2,15, 16, 16, 38, 47, 50, 58, 59, 61, 62) and part of the defendant D's trade secrets (the defendant's trade secrets of the attached Table Nos. 13, 13, 15, 50, 19, 39, 61 and 62).

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