A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

From August 10, 2009 to March 28, 2014, the Defendant works as the deputy head of the affected E Co., Ltd. (hereinafter “victim”) for the purpose of design and consulting business, etc., and is operating a personal business entity of “F” with a trade name “F” for the purpose of manufacturing/ robot automation equipment, etc. from May 19, 2014 to “F” as a person who mainly engaged in business affairs, such as using the technical data of the victimized Co., Ltd. (i.e., automated equipment production technology and unit price information) and preparing and submitting estimates to the customer.

On the other hand, when using a company's own server where fire walls are installed, the damaged company used technical and managerial data such as design of automation facilities, unit price information, estimates etc. are limited to limited number of persons in design teams and business teams. In particular, the damaged company has been equipped with fingerprint recognition system at the entrance of design team office and operated in a limited computer in a way that it is blocking access except for the group's own duties to which the employee belongs, and carried out physical access control by installing the unmanned security system.

The defendant, while working in the injured company, treats the technical and managerial data of the injured company as confidential in the course of business, shall not engage in any work for the competitor while in service, and shall not remove all the technical and managerial confidential data acquired during his/her service to the outside. In the event of retirement, the defendant shall return or discard the data lawfully taken out to the company, establish a competitor company, and have a duty to not use them.

Nevertheless, the Defendant established the same kind of company after retirement to run the business, but it has the materials of the victim company in order to start the production and business related to the automation equipment within a short time and reduce the development cost and reduce the development period.