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(영문) 인천지방법원 2018.06.08 2018고정363
업무상배임등
Text

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

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

Reasons

Punishment of the crime

C From May 25, 2006 to October 10, 2017, the victim D Co., Ltd. works as a regular director at the Development Headquarters and manages the victim’s factory, and is in charge of the development and manufacture of the product. The Defendant is the E operator who is the Do and retail store of cleaning goods, and E is a customer who is supplied cleaning goods by the damaged party.

1. Occupational breach of trust C has a duty to divulge to others the manufacturing technology and method of the product acquired while working as a regular director of the Development Headquarters, or to make and sell the product at will by using it.

Nevertheless, on February 2014, C accepted a proposal from the Defendant to “to manufacture clean drugs at a low price” from the E office operated by the Defendant, and C voluntarily manufactured the damaged person’s products, and the Defendant conspired to sell them as if they were the victim’s products at a lower price.

C around July 11, 2014, using raw materials purchased at the H warehouse located in Nam-gu, Incheon Metropolitan City, for the purpose of disinfection of 110 imitates, the victim’s products, and then supplied them to 1,595,000 won below the normal supply price of 2,035,000 won, which is the victim’s products. From July 11, 2014 to December 10, 2016, the Defendant supplied 18,531,000 won, such as the list of crimes in the attached Form, to E, supplied 18,531,00 won, and suffered damage equivalent to the same amount to the victim.

2. Any person who violates the Unfair Competition Prevention and Trade Secret Protection Act shall cause anyone to confuse with another person's goods by using any product identical or similar to another person's name, trade name, trademark, container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such product;

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