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(영문) 울산지방법원 2015.05.22 2015노77
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 1,00,000 won, respectively.

Reasons

1. The summary of the grounds for appeal (the defendant A: the fine of 5,000,000 won, the fine of 2,000,000 won) is too unreasonable.

2. The crime of this case committed by the Defendants, in the employment relationship with the victimized company, intended to easily secure profits in the process of competition by acquiring customer list, details of orders by customer, delivery price list, etc., which are trade secrets of the victimized company, while planning the severance from employment to the same industry. The crime of this case is not less complicated in light of the fact that not only harms the sound trade order in the market, but also may have a significant impact on the business of the victimized company.

However, the defendants recognized their own criminal acts and their depth and reflects on the fact that they owned approximately 30% shares in the damaged company, but they could not be refunded at all at the time of retirement, due to economic circumstances, etc., there is room for consideration in the circumstances of the crime of this case. The damaged company and the defendants did not want punishment for the defendants any more. Defendant A did not have any history exceeding the previous and fine, and Defendant B did not have any history of exceeding the previous and fine, and Defendant B had three minor children to be supported by the couple. Defendant A had a personal rehabilitation approved by this court, and Defendant B owned approximately 322,392 won a month with the authorization of the individual rehabilitation in this court, and Defendant B did not have good economic circumstances such as the defendants' age, character and conduct, family environment, motive and circumstances of the crime of this case, and various circumstances before and after the crime of this case.

3. As a result, the Defendants’ appeal is with merit.

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