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(영문) 서울중앙지방법원 2013.12.17 2013고단5293
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 2 to 5 each shall be confiscated.

Reasons

Punishment of the crime

The Defendant, from October 1, 2004 to April 30, 2012, worked as the head of the headquarters in the field of study consulting in Gangnam-gu as the victim F (hereinafter “victim”) located in Seoul as the head of the headquarters in the field of study consulting in Gangnam-gu, Seoul, and around May 1, 2012, the Defendant established H in the fiveth floor of Seocho-gu Seoul Metropolitan Government, and operates a study consulting company in the name of the International Institute of Private Teaching.

After the Defendant retired from the victimized enterprise, the Defendant was willing to acquire and use customer information DB data, including the name, telephone number, mobile phone number, e-mail address, mail number, address, school name, school year, parents' address, parents' cell phone number, parents' cell phone number, parents' e-mail address, etc.

1. Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of business secrets, etc.); JDB.xlsx file acquisition and use of files, the Defendant works as a person in charge of information management of victimized enterprises at the office of the International Institute of Private Teaching Institute around May 8, 2012.

On July 2011, 201, K, who retired from the victimized enterprise, requested that “if the victimized enterprise has a customer information DB data, to send them,” obtained from K the file “JB.xlsx” from the e-mail (L) to the Defendant’s e-mail, including the name, telephone number, mobile phone number, e-mail address, e-mail address, mail number, address, school name, address, school year, parents’ address, parents’ telephone number, parents’ cell phone number, parents’ e-mail address, and parents’ e-mail address.

On May 10, 2012, the Defendant had N, an employee of the victimized enterprise, process the files of “JDB.xlsx” at the victimized enterprise’s office as “J-Final.xx” and “student DDA-SS.xlsx” for the purpose of sending postal and text messages, and is with students through Internet text sending sites and Internet post offices e-posx.

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