Defendant

B and C shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive, against Defendant B and C.

Criminal facts

Defendant

B The head of the research institute team of the victim I (hereinafter referred to as the “victim”) established for the purpose of genetic testing services, etc. from April 23, 2007 to December 3, 2010.

A person who retired from office is the head of the business team of the corporation E, a competitor, from January 31, 201.

Defendant

C is a person who served as a technical director of the victimized company from July 2010 to October 2010.

Defendant

B, C has a duty not to divulge trade secrets or use trade secrets for any purpose other than the purpose of business as well as during his/her service and even after his/her retirement, so C has prepared a contract of employment and a written oath that it will not divulge trade secrets of the damaged company.

Nevertheless, the above Defendants violated their occupational duties and discussed that they establish a “K” company engaging in gene identification business with A, J, etc. around August 201, and, after having discussed that they will leak the unit price calculation table, which is the trade secret of the victimized company, and use it in K to be established in the future.

On September 17, 2010, at the damaged company office located in Seocho-gu Seoul Metropolitan Government L, Defendant C directed Defendant B to send the unit price calculation table in an external e-mail, and Defendant B, according to the above instruction, is the major business asset of the victimized company (attached Form 1), as the title “after accessing the external e-mail (M),” the unit price calculation table as indicated in each unit price calculation table as “A-STR, Y-STR, MT-Unit, 16, 2010.xls” (hereinafter referred to as “unit price calculation table”).

(B) accompanied by the external e-mail (N) used by Defendant C.

Defendant

C printed out the accompanying files of the above mail from the office of the victimized company on the same day, and then delivered it to J at the coffee shop where it is impossible to know the trade name near the Seocho-gu Seoul Liber company on September 20, 2010.

As a result, the above Defendants conspired, and thereby, caused the damage company.