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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
1. Case background
A. The Defendant is a person who works as the head of the business of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Pyeongtaek-si C from October 2008 to April 30, 201 and has overall control over the management and security affairs of the victim Co., Ltd. including the trade secrets of the victim Co., Ltd.
B. On August 25, 2003, with respect to the victim company and technology, the victim company was established for the purpose of producing and assembling piping materials and mainly manufacturing and selling ices used in ships and petroleum chemical factories. The victim company is a company with 6 billion won annual sales that received the quality certification of maritime ice production technology in Korea, such as Korea’s wages, the United States, and Japan.
The victim company has a production department and business department, the production department manages the marine stuff production technology, the business department determines the security officer for each department while managing the management information of the customer, and receives important information classified as external expenses for each department, and the defendant, the highest security officer, manages the external dump, manages the above dump, thereby blocking other employees' access, and delete the data stored in each employee's personal computer every six months.
The victim company encrypted the computer and network system allocated to each employee, controlled external access through the installation of entrance and exit corrective devices, CCTV, etc., specified the duty of confidentiality in the rules of employment and entry pledges, and continuously educated the victim company's trade secret handling policies, and made considerable efforts to maintain the confidentiality of important business data and technical information produced by the victim company as above.
2. Criminal facts;
A. The defendant in violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Trade Secret Protection Act") uses data of the victim company at a new company that has withdrawn from employment.