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(영문) 수원지방법원 성남지원 2012.03.09 2011고단439
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등) 등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

Defendant

A is in charge of the preparation and submission of estimates of construction works, on-site construction management, etc. while serving as the head of the public office and researcher of F Co., Ltd. (hereinafter “victim Co., Ltd.”) established for the purpose of soil construction business from March 5, 2009 to January 6, 2010.

On January 2010, a person who joined G Co., Ltd. and has been in charge of business, field construction management, etc.

Defendant

A has a duty to leave the victim company and to remove material asset of the victim company from the victim company without permission for the purpose of using it for his own interest.

Defendant

A retired from the victim company, at around December 3, 2009, at the victim company office of H building 701 at the Hamnam-nam-si of Gyeonggi-do around December 3, 2009, for the purpose of using the victim company's principal assets as design drawings, specifications, quantity calculation statements, design specifications, construction specifications, and files of the total sum sheet of application of patent public law, design documents, construction specifications, and the total sum sheet to the outside storage devices, which were stored in the victim company's major assets stored in the computer in violation of its duties. On January 6, 2010, A retired from the victim company with the victim company with the victim company and with the outside storage devices.

As a result, Defendant A, in violation of his duty, illegally removed important assets of the victim company without permission, obtained pecuniary benefits equivalent to the amount of monetary value such as design cost invested by the victim company, and caused property damage equivalent to the amount of monetary value to the victim company.

Summary of Evidence

1. The defendant A's partial statement in the first trial record;

1. A witness I and B's each legal statement, and a witness J's legal statement;

1. The first and second examination records of the prosecution against the defendant A (each part of the prosecution and the list of evidence No. 66, 67);

1. A company which is a defendant in relation to the file output and tamper;

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