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(영문) 서울중앙지방법원 2015.11.26 2013고단5652
산업기술의유출방지및보호에관한법률위반등
Text

Defendant

A In 8 months of imprisonment, Defendant B is punished by a fine of 7 million won, Defendant C is punished by a fine of 5 million won, and Defendant C is punished by a fine of 5 million won.

Reasons

Punishment of the crime

[Attachment] The Defendant F Co., Ltd. (hereinafter “F”) developed a large number of software, such as “H” and “J” in the annual sales of 100 billion won used by customers, including G, which are portal sites, including the State and public institutions, and the search engine software program equivalent to 500 billion won per annum used by customers, including 30 million won per annum, and I University. In the development of the software, the company possessing a large number of trade secrets, including the meaning of the software acquired, basic information search technology, big data production technology, and related information and data, such as large volume data production technology, and its copyright.

Defendant

A served as the head of the business development team through F’s software development staff from January 1, 200 to March 31, 201, and retired from office as a business operation group group having overall control over the business development team and the business operation team; Defendant B, through the F’s marketing team staff from January 2, 2006 to September 26, 201, retired from office as the vice head of the marketing team; Defendant C, from July 17, 2006 to June 7, 201, was retired from office as the head of the business operation team; the Defendants were for the purpose of developing the software and providing the services to D (hereinafter “D representative director”); and Defendant C, from July 17, 2006 to June 7, 201, were for the purpose of establishing and providing services to each of the Defendant D (hereinafter “D”) as the head of the business operation team; and the Defendants were for the purpose of establishing and taking office as Defendant D’s director; and

【Criminal Facts】

1. No person who violates the Unfair Competition Prevention and Trade Secret Protection Act (including the divulgence, etc. of trade secrets) shall acquire or use any trade secret useful to the enterprise or divulge it to a third party for the purpose of obtaining any unjust profit or inflicting any damage on the enterprise;

Nevertheless, Defendant A planned to develop and sell programs with similar functions using the source code, etc. of “H,” which is a trade secret used and acquired by F.

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