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(영문) 서울중앙지방법원 2016.07.07 2015고단4851
산업기술의유출방지및보호에관한법률위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【A Study Co., Ltd. Co., Ltd. (hereinafter “damage Co., Ltd.”) is a company mainly responsible for the production and sale of “H, etc.” and the manufacturing technology of “H” is designated as a “national core technology” by the J of the Ministry of Industry and Industry Notice.

Around September 2010, the Defendant was employed as a researcher in the victimized company and was in charge of developing projects, etc. from March 20, 2015 to March 20, 2015. Around April 2014, the Defendant attempted to resign from his/her position to the same type of company by providing support for the recruitment of the career members in the field of the same kind of company, and immediately after the Defendant retired from the victimized company, the Defendant entered the LAB in the World Trade Co., Ltd. Research Institute, which currently provides H’s main ingredients to the victimized company on March 23, 2015.

【The Defendant is a researcher in charge of developing “H” as a major business secret of the victimized company and designated as a core technology. The victimized company prohibits the use of personal USB or external h h h h h, and restricts the release of documents without the company’s approval. While the victimized company works for the victimized company, the Defendant is unable to remove or arbitrarily provide confidential information without the company’s approval, and the Defendant is obliged to use the designated method (in-house mail, USB approved in-house, approved documents in advance, etc.) and distribute and release documents through unapproved recorded media or personal h e-mail, etc., and received security education, such as document management guidelines, stating that “The use of confidential business information, such as various business information, etc. that he/she becomes aware of in-house, should not be inquired, collected and used for any purpose other than business purposes.” The Defendant does not provide, disclose, or divulge information inside and outside the company without prior approval pursuant to the procedure set by the company.”

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