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(영문) 광주지방법원 순천지원 2017.09.07 2017고정14
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

The Defendant operated a water purifier siren business from April 1, 2005 to August 11, 2015 with the trade name “D” in net City C from around 1, 2015.

E It is a person who has entered into a service contract with E in connection with the water purifier d's work.

On August 11, 2015, the Defendant: (a) opened a separate place of business with the name of “G” from “G” after the termination of the contract with the said E; (b) agreed, “In entering into the said E and the service contract, all of the company’s business secrets and customer information known to it in the course of performing the service shall not be disclosed to the outside or used for profit-making purposes”; and (c) used customer information, a business secret related to the management of “D”, such as a contract with the customer, business trip instruction, service request, receipt, list of members, and rental contract, etc., for the purpose of obtaining unjust profits, despite having written the written pledge.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A service contract, a business registration certificate, a copy of a name tag, a management service contract, a text message, a photograph, a written request for a service;

1. Investigation Report - Application of Acts and subordinate statutes of comparison analysis of customer list;

1. Relevant legal provisions concerning criminal facts, Article 18(2) of the Unfair Competition Prevention and Trade Secret Protection Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall not be such that the accused and the injured party are less liable in light of the content of dispute between the accused and the injured party, and the progress of dispute;

However, the victim does not want to punish the defendant by reconciliation in civil procedure with the defendant.

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