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Defendant
A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A, from October 11, 2004 to November 7, 2016, worked as an employee of the victim E company that sells engine parts, such as power generators, industrial or maritime engine parts, etc. produced by D Co., Ltd. from D Co., Ltd. in Korea, and worked as the head of the business team of the above company immediately before the retirement, and around October 11, 2016, he/she established and operated B, a corporation whose main business is power generators and engine parts, etc. by representing Defendant A’s wife as its representative, as its main business.
1. The defendant A shall not acquire or use trade secrets or divulge them to a third party for the purpose of obtaining unjust profits or inflicting damage on the person holding trade secrets, and since related materials such as the manufacture, design, operation, etc. of the relevant engine and power generator, etc., which the defendant worked in the victim company or learned in the course of conducting business in the victim company, are important assets in the business and technological aspects of the above victim company, there are duties that should not be acquired and carried out without permission, or should not be disclosed to the third party.
Nevertheless, for the purpose of obtaining unjust profits or causing damage to the above victim company by leakage to the defendant's interest or a third party, the defendant used an occupational know-how computer owned by the victim company on June 5, 2016, when the defendant was working in the above victim company, and acquired the above business secret by transferring it to the outside of the defendant's possession by means of using an agency information, such as annual agency performance, etc. of the victim company's company's trade secret, which is the above victim company's business secret, including 010 - 0.oc. file from around that time to October 21, 2016, including 3-4, 6-7, 12-22, 24-26 files, and then transfer them to the outside of the defendant's company.