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(영문) 청주지방법원 충주지원 2018.02.01 2017고합69
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendant

C A person shall be punished by imprisonment for not less than six months.

However, the above sentence against Defendant C for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

C is a person who has worked as a design-related director at the victim E Co., Ltd. (hereinafter “victim”) located in the F from March 2008 to April 13, 2015.

Defendant

C As above, a person working for the victim company should not take out the design drawings, product specifications, and estimate-related documents that he/she handles in the course of performing his/her duties while serving under the "Management Regulations for Business Confidentiality" of the victim company. In addition, when the victim company retires from the victim company, all of the above data or documents were returned to the company and there was a duty to prevent the loss of the company due to the leakage of all the above data or documents.

Nevertheless, around April 13, 2015, Defendant C left the victim company and stored in the personal information storage device (USB and No. 10) during the period of service. On September 2014, Defendant C did not return or discard the “design Drawings” and “the three parent type drawings” including the “design Drawings (750m-34CH)” and “the three parent type drawings” (one name “the three parent type drawings”) supplied by the victim company to G, around September 2014.

Accordingly, Defendant C’s failure to return or discard the above “design Drawings,” etc., a major asset of the victim company, in violation of the above occupational duty, thereby doing so in breach of the occupational duty that shall not take out the victim’s business secrets out of the outside or use them for unjust profit, thereby failing to return or discard such business secrets as above.”

The reasons are as follows: “Judgment on the argument of Defendant C and the defense counsel”.

The victim company suffered a liquid loss.

Summary of Evidence

1. Part of Defendant C’s legal statement (design drawings and detailed model drawings as indicated in Defendant C), from the victim company.

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