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(영문) 서울남부지방법원 2018.09.07 2015고단3010 (1)
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall acquire or use trade secrets or divulge them to a third party for the purpose of obtaining unjust profits or inflicting damage on a person holding trade secrets.

A victim B (hereinafter “victim”) is a company that develops a scke tower, fish display rink, etc. at the location of the Guro-gu Seoul Metropolitan Government building D, and the Defendant is a person who works from September 2009 to April 201, 201, as the competent researcher of the victimized company from January 201 to April 20, 201, and was in charge of developing computer programs, fish display rink, etc.

On March 23, 2012, the Defendant submitted a resignation letter to the head of the research institute E of the victimized Company on or around April 19, 2012, and submitted a resignation letter to the Defendant’s business transfer data, which constitutes the Defendant’s business secrets, such as “F mobile apps”, “G mobile apps”, and “G mobile apps” (hereinafter “this case’s code, etc.”) to the DVD 1, and submitted this case’s code, etc. to the damaged company, and at the same time, submitted it to the “I”, which is the back business system of Internet H.

On April 1, 2012, the Defendant, the president of the J (hereinafter “J”)’s research institute, proposed to offer services, such as the opening of the open source (open code that anyone can use free of charge) on a remote control program for the ice tower (FreeDRP), which is a remote control program for the use of the NAP, on a smartphone. Accordingly, on May 1, 2012, the Defendant entered into a service contract with the J representative L’s director and the Defendant to receive KRW 4,416,670 each month from J by providing the above services, etc., and around that time, from that time, the Defendant had been engaged in the service at the office of J located in the Yeongdeungpo-gu Seoul Metropolitan Government MN 17th floor.

The Defendant is the Defendant I at the J’s office from May 7, 2012 to September 4, 2012.

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