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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant is a person who retired after serving as the head of a department at “F branch with hearing aids F” operated by Lone Star Co., Ltd. from October 2004 to April 29, 2016.
Around March 28, 2016, a company that sells hearing aids and took over the business of 690,000,000,000 won of “long hearing aids F Branch” including customer information from Korea at the above Lone Star Korea. customer information consists of customer’s name, address, telephone number, hearing aid model name purchased, purchase year, and customer management program established in the company server, and customer management program established in the company server is managed through the CRM (Cus’s Red Holdings Management). The defendant has a duty to not acquire or use customer information, which is a confidential business of the victimized company, according to the confidentiality and the pledge of prohibition of competition.
Nevertheless, the defendant acquired a dummy F point in hearing aids and left the school, which led to the defendant's removal of business confidential customer information, in order to establish the same kind of company and use it for business activities.
Around April 18, 2016, the Defendant stored an X-cell file of customer information of 8,788 persons from 1990 to March 23, 2016 in a mobile storage device and had it outside of the company at the time of withdrawal. Around May 3, 2016, the Defendant established “H” in the name of Defendant’s wife G around May 3, 201 and established “H” in the name of Defendant’s wife on the 13th of the same month, and the same year for one customer recorded in the above customer information, among files recorded in the list of crimes in which customer information, is recorded for usual convenience.
6. On 13. 13. Customer 14. same month, each promotional letter has been transmitted to two customers to conduct business activities.
Accordingly, the defendant has property interest equivalent to the market exchange value of customer information of the damaged company.