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(영문) 서울동부지방법원 2012.11.22 2011고정2900
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who serves as an agent in the Financial Derivatives of the Victim Co., Ltd. D, Ltd.

No person who violates the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as the "Unfair Competition Prevention and Trade Secret Protection Act") shall acquire and use trade secrets useful for the company or divulge them to a third party for the purpose of obtaining unjust profits or causing damage to the company.

Nevertheless, around 09:45 on April 15, 201, the Defendant acquired trade secrets owned by the victim company by transmitting all the “business-related franchise” stored in the victim-owned D excellent customer information, internal report profit and loss data, contract status data, lease contract status data, etc. stored in the computer, which includes the victim-related customer information stored in the victim-owned D excellent customer information, internal report profit and loss data, contract status data, etc. stored in the victim company’s third-class accounting team office in Gangdong-gu Seoul Metropolitan Government.

B. Although the Defendant, who attempted to commit occupational breach of trust, has a duty to not acquire, use, or divulge any matters treated as business secrets, such as high-amount customer information handled by the victim company as an agent in the financial wave of the headquarters D Business Headquarters, and the customer information handled by the victim company, internal reporting profit and loss data, and the current status data of contract agency, he/she violated his/her duty, thereby making a copy of the “business-related franchise” prepared in advance for all “business-related franchise” stored in the victim company’s computer for business purposes between the non-party E and the non-party E, who is in charge of the victim company’s merchandise coupon at the same time and at the same place as the above paragraph 1, thereby causing losses to the victim company equivalent to the amount of the said trade secret, and voluntarily withdrawing financial profit equivalent to the said amount, but was discovered to the non-party E

2. The accused’s change of the contents of customer information shall be customer information for the purpose of increasing the sales performance of merchandise coupons that are his/her duties.

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