[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defendants A entered around May 6, 2008 to the victim D (hereinafter “victim”) located in Seo-gu Incheon Metropolitan City for the main purpose of wholesale for automatic packaging machines and ancillary manufacturing, and the head of the material division was in charge of manufacturing and receiving the drawings produced in the design room after sending them to the relevant manufacturing factory. Defendant B worked as the production head of the damaged company for about 30 years and left the office on July 31, 2016. Defendant B left the office for about 5 years, while serving as the design director of the victimized company for about 5 years.

Defendants and E, while employed in the victimized company, have concluded an observance and pledge agreement with the victimized company that "it is necessary to return all company data, such as documents and sampling obtained in connection with company secrets, and shall not divulge company secrets which they came to know during the period of service to the outside."

Therefore, even though the Defendants had occupational duties to return or dispose of major business assets of the victimized company falling under the foregoing contract terms and the principle of trust and good faith, the Defendants established a company engaging in the same kind of business as the victimized company after retirement to use them for their business, and conspired with E to receive each of the other data they acquired at the time of their employment as well as E when they were employed.

Accordingly, the Defendants retired from the injured company around July 31, 2016, and Defendant A, Defendant B, without returning major business assets of the victimized company listed in the annexed crime sight table (1), and Defendant B, without permission of the victimized company. On October 1, 2016, the Defendants established “G” for the purpose of manufacturing automatic packaging machine labels to the Nam-gu Incheon Metropolitan Government.