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(영문) 인천지방법원 2019.11.21 2019노704
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendants were not trade secrets, and there was no awareness of the fact that the pressure circuits of the victimized company are trade secrets or there was no intention to inflict damage on the victimized company.

The sentence sentenced by the court below on the grounds that the sentence of unfair sentencing (the imprisonment of October and the suspended sentence of two years, the imprisonment of one year and the suspended sentence of two years, the defendant C: the imprisonment of one year and four months and the suspended sentence of three years and the community service order of 120 hours) is excessively unreasonable.

B. The Prosecutor’s sentence is too unjustifiable and unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. (i) Determination as to whether the pressure circuit of this case constitutes a trade secret, the pertinent legal doctrine and the Unfair Competition Prevention and Trade Secret Protection Act has independent economic value, not known to the public, and refers to any production method, sale method, and other technical or managerial information useful for business activities, which has been maintained in secret by considerable effort. Here, “no known information” refers to information that cannot be obtained from a person without going through a holder because it is not known to many and unspecified persons, such as the publication, etc., because the information is lost on the medium, etc., and “the owner of information has an independent economic value” means that the owner of information can benefit from competition, or that considerable expenses or effort is needed for the acquisition or development of information, and “the secret maintained by considerable effort” means any indication or notification that can be perceived as a trade secret, and any person subject to access to the information or any person who has access to the information, who is subject to access to the information, shall be obliged to keep confidential information, etc.

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