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(영문) 서울중앙지방법원 2017.06.22 2014고단9423
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendants are not guilty.

Reasons

1. The facts charged [basic facts] Defendant A entered the victim E Co., Ltd. (hereinafter “victim”) from June 2007 to September 2008 and re-entered with around May 9, 201 after the withdrawal from office, and took charge of the process safety design as the head of the team in charge of the process design for the part of “batch design” from May 9, 201 until May 9, 201. The damaged company was a person who was working as the representative director after the establishment of the Defendant B Co., Ltd. (hereinafter “B”) in Geumcheon-gu Seoul on June 3, 201 after the withdrawal from office.

Defendant

B Co., Ltd. is a corporation established on June 3, 201 for the purpose of designing a factory.

The injured company was established around August 2002 and worked for about 30 employees as of December 2012, and annual sales are about 6 billion companies.

[Criminal facts]

A. The defendant A shall not acquire or use, or divulge to a third party, trade secrets useful to the company with an intent to obtain unjust profits or cause damage to the company. In particular, the defendant should not arbitrarily divulge the trade secrets of the damaged company or the technical and business assets useful to the damaged company, as a person entered as the team leader by relation, etc. with the representative director, etc., and even if they are kept in custody, he/she has the duty to return or discard them to the victimized company and manage them as confidential.

(1) On May 201, the Defendant, who illegally acquired business secrets or important business assets, indicated the “overseas expenses” as the business secrets of the victimized company by using the information highly likely to have access to the trade secrets stored in the server as the team leader at the office of the process design team for the victimized company located in the sixth floor of the Gangnam-gu Seoul Metropolitan Government GG Building by using such information as the head of the team at the office of the headquarters of the process design team for the damage company located in the server, and accessed the files, which are business secrets related to the process safety analysis, and copied them to the external storage device.

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