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Defendants are not guilty.
Reasons
1. The summary of the facts charged is as follows: (a) from June 1, 2010 to February 16, 2016, Defendant A served as the head of production management and material preparation department of F (G et al., the name of business registration, and one other) actually operated by the victim E (hereinafter “victim”) who manufactures the two sides printing tickets; and (b) from March 7, 2016 to the Defendant C Co., Ltd, the same company, the company of the same type of business, left the position to the present day.
Defendant
B A is a director of the victimized company from October 9, 2013 to February 16, 2016, and was in charge of liquid mixing operations. From March 7, 2016 to the above Defendant C, a same company, has been retired from office until now.
(a) No person shall acquire or use, or divulge to a third party, any business secret useful to the company with intent to obtain an unjust profit or cause loss to the company, by unlawful means, a person who violates the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence, etc. of business secrets) and occupational breach of trust.
Although the Defendant did not keep confidential all information on management and technical skills useful for business activities that he/she has learned directly or indirectly from the business of the victimized company, and did not immediately return all the data and copies thereof to the victimized company’s business secrets after his/her retirement and did not use them without the company’s permission, the Defendant, in violation of his/her occupational duties, and then used them after leaving his/her office in the victimized company’s first place in Kimpo-si around November 2015, by copying 95 computerized files listed in the [Attachment] list, such as the drawing of printing plates for both sides of the damaged company’s business secrets, and the customer stamp of the victimized company, as they are, were used by the Defendant.
The Defendant may utilize it in the process of performing duties at a factory of C Co., Ltd. that left office on May 18, 2016.