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(영문) 수원지방법원 성남지원 2010.12.02 2008고단1603
부정경쟁방지및영업비밀보호에관한법률위반
Text

Defendants are not guilty.

Reasons

On April 200, Defendant A, who had been employed in the business department of the ultra-frequency flow meter manufacturing chain Co., Ltd., and succeeded to the business department of Co., Ltd. D from E to February 28, 2006, worked as the deputy head of the technical support department and was in charge of the design work for the purchase of parts of the ultra-frequency flow meter measuring the flow and flow of oil and the installation of products.

After that, the F, who retired from E, established B for the purpose of manufacturing and selling measuring instruments with the early frequency flow meter as the main axis around March 14, 2006, and the Defendant entered B around September 1, 2006 and is a person in charge of overall management of development of the early frequency flow meter as a technology management director, and Defendant B is a company established for the purpose of manufacturing and selling the precision measuring instruments.

1. The defendant A shall not use without permission any useful trade secret acquired while participating in the above business at the time of his service in the corporation E, or divulge it to a third party.

Nevertheless, on December 23, 2005 and February 2, 2006, the Defendant copied 1,273 files related to the production, installation, etc. of the ultra-frequency flow meter, including the “ circuit map.hwp” file stored in the Defendant’s computer for business purposes, to the mobile storage device, and then set back. The Defendant used the drawings related to the production and installation of the ultra-frequency flow meter, which were reproduced and leaked to the above mobile storage device for the Plaintiff at the office of Seongbuk-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, Nowon-gu, 1101, and then used the drawings related to the production and installation of the ultra-frequency flow meter and algorithm-related technology acquired during the Defendant’s work at the company E, and the device of measuring the ultra-frequency flow meter by applying the new formula necessary for the production of the ultra-frequency flow meter, and then conducted the measurement of the ultra-frequency flow meter at the office of Seoul Special Metropolitan City on July 1, 2006.

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