Defendants shall be punished by imprisonment for eight months.

However, the defendants are two years from the date of the final judgment of this case.

Punishment of the crime

"2011 Highest 7303"

1. Defendant A is a person who has been in charge of research on the development of Contacts and mar products at Victim H Co., Ltd from January 2002 to June 2010.

The Defendant, who is a competitor company, had the mind to leave his job to I because of the lack of wages, had the trade secret data that the Defendant acquired at H, offered to I, carried out before his retirement, carried out the trade secret data of H, and used them as reference materials to research and develop the actual container products for I.

As a research researcher of H Co., Ltd., the Defendant is not allowed to divulge trade secrets, etc. he/she has learned while working in H, a victim Co., Ltd., to a competitor, or take them out for the purpose of using them for his/her own interest.

On June 2010, the Defendant violated the above occupational duties at the H Research Institute, Inc. 1, Nam-gu, Incheon, Seoul, and thereby copied and stored data, such as L, M, N,O, etc., a product design, which is a trade secret of H, on external hard disks, to K, a competitor company, and thereby, saved and stored data, such as L, M, N, andO, which is a trade secret of H, on the external hard disc, and then released the victim’s trade secret to the Defendant’s personal computer, thereby acquiring the amount of non-property benefits and causing the victim’s non-property damage.

B. The Defendant, in violation of the Unfair Competition Prevention and Trade Secret Protection Act (such as divulgence of business secrets), carried out any useful trade secret to the victim in the same manner as described in the preceding paragraph at June, 2010 with a view to obtaining unjust profits or causing damage to the victim. From July 2010 to July 1, 2010, research was conducted on the development of solid containers for the purpose of Company I.