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(영문) 수원지방법원 2018.11.06 2017노733
업무상배임등
Text

1. The unfair competition prevention and use of trade secrets in the part of the judgment of the court below which acquitted Defendant A.

Reasons

1. Summary of grounds for appeal;

A. The data contained in Defendant B (1) - 2 (2) - 3-3 (1), 2) - 5) - 6) - Defendant E (hereinafter “victim E”) does not constitute a business secret of the victim E (hereinafter “victim E”).

(2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) is too unreasonable.

B. (1) For Defendant A, the data contained in the instant file constitutes a trade secret of the victimized company. (1) The data contained in (1) the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Act”) due to the acquisition of trade secrets constitutes a trade secret of the victimized company.

2) If the Defendant uses a list 1)-3 file due to the use of trade secrets, the materials contained in the above file were managed as confidential business information of the victimized company, and the Defendant was aware of such circumstances, and thus, the Defendant’s preparation of No. 1-No.4 file using the above file constitutes use of trade secrets.

(B) The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended execution, and eight hours of community service order) is too uneasible and unreasonable.

(2) (A) misunderstanding of the facts against Defendant B, 1) 2) - (2) - (1) - (3) - data contained in the file constitutes a major asset of the victimized company.

Since the Defendant bears the obligation to keep the file out of the outside even after resignation under the employment contract or the good faith principle, the Defendant may recognize the Defendant’s position of “a person who administers another’s business.”

2) A mark 2) of violation of the law due to the acquisition of trade secrets - B) - The data contained in the file constitutes a trade secret of the victimized company.

3) The data contained in the files Nos. 1, 2, 3-3, 4), 7, and 4 files due to the divulgence of trade secrets are damaged companies.

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