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(영문) 인천지방법원 2019.02.14 2017고단3098
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendant

A Imprisonment with prison labor for ten months, for one year, for one year, and for one year and four months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A from January 2, 2012 to October 13, 2015, is in charge of product development research at the control team of the research institute affiliated with the victim E (hereinafter “victim E”) (hereinafter “victim E”). Defendant B, from November 19, 201 to November 2015, was in charge of product development research at the control team of the said research institute, and was separated from “F”, a manufacturer of semiconductor equipment, around March 1, 2016. Defendant C was in charge of product development research at the machinery team of the said research institute during the period from May 24, 2007 to October 13, 2015, and was in charge of large-scale research and development by leaving his/her machinery team as “G corporation” around January 1, 2016.

The victim company, as a domestic first-class producer of the first-class launch machine established on April 20, 1985, is a company in competition with "G (State)", which is the same kind of company that Defendant C separated from employment, and around July 2014, the victim company started the development of Hprop, which is a product with excellent performance than the existing launch machine, and is in operation of the test.

Defendant

C requested the defendant B, who has maintained friendship to obtain the I's Utension circuits, a technical trade secret of the damaged company, to seek I's Utension circuits.

Accordingly, even though Defendant C was anticipated to leave his job to be a competitor and to have flown out to the competitor, Defendant B demanded to send the above drawings to Defendant A, who was an employee of his subordinate to the competitor, even though he anticipated that the pressure circuit will flow out to the competitor.

1. No person who intends to obtain or use trade secrets useful for an enterprise or cause damage to the enterprise shall divulge them to a third party;

In addition, the defendant is prohibited from unauthorized reproduction, duplication, and removal because the pressure circuit of I species developed by the victimized enterprise is treated as trade secret in the course of business.

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