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Defendant
A Imprisonment for six months, and Defendant C shall be punished by a fine of three million won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A is a person who has been engaged in the prob card design work at the victim G Co., Ltd. (hereinafter “victim”) design business division located in Guang City F from December 24, 2013 to January 7, 2017, and has been in charge of the prob card design work around February 1, 2017. Defendant B is a person who has been in charge of the prob card design work at the victimized company from January 20, 2014 to the present time.
1. Defendant A
A. The Defendant in occupational breach of trust is an employee who has been in charge of the design of the prob card by the victimized company’s business secrets pursuant to the security commitment and the covenant of confidentiality and shall not copy the prob card design drawings, circuit drawings, development data, sales unit prices, etc. into an external storage medium for purposes other than designated business purposes, and shall not arbitrarily acquire or remove them from the outside. In the event of retirement, the Defendant had a duty to return or discard the business confidential data to the victimized company.
Nevertheless, at around 18:00 on January 3, 2017, the Defendant copied 106 files from the second floor design business department of the victimized company, which was kept in the Defendant’s computer for the Defendant’s business purpose, to “Cutie Nero,” which the Defendant possessed, and carried out to the outside of the victimized company,” and then copied 106 files from around that time to January 17:50, 2017, at the same place as indicated in the list of crimes, to the outside of the victimized company.
As a result, the defendant carried out the trade secrets of the damaged company out to the outside due to the violation of his/her duties, acquired economic benefits equivalent to the exchange price at which the market price of the trade secrets cannot be known, and caused property damage equivalent to the same amount to the
(b) Anyone who violates the Unfair Competition Prevention and Trade Secret Protection Act (including the divulgence, etc. of trade secrets);