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(영문) 부산지방법원 2018.03.28 2017고정2560
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Prevention of Unfair Competition and the Protection of Business Secrets (Leakage of Business Secrets, etc.), was operating a vessel engine parts processing company called “C” in the Busan Seo-gu B, and was supplied with raw materials and processed machinery from D from July 2009 to February 28, 201 by the victim E Co., Ltd. (hereinafter “victim”) and processed vessel engine parts and supplied them to the company.

No one shall acquire, use, or divulge any business secret useful to the enterprise for the purpose of obtaining unjust profits or causing damage to the enterprise to a third party. On March 2, 2011, when the damaged company defaulted on the part of the injured company, the Defendant was willing to manufacture and sell ship engine parts using ship engine parts drawings, etc. of the victimized company.

In order to process parts, the Defendant acquired 96 copies of engine parts drawings, such as “G”, which is a business secret of the victimized company, by copying the files delivered by the victimized company to the private USB, or duplicating the files stored in F’s USB, a director of the victimized company.

After that, from March 201 to August 2015, the Defendant manufactured and sold the engine parts of a ship requested by “H,” etc., which were acquired from “C” to “H,” etc. using drawings files acquired as above, thereby raising sales worth KRW 30 million and acquiring pecuniary profits.

Accordingly, the defendant acquired and used useful business secrets in the damaged company for the purpose of obtaining unjust profits.

2. From January 201 to February 201, 201, at the request of the victimized Company from “C” to February 201, the Defendant: (a) 6,528,186 of the market price of the victimized Company’s owned by the victimized Company; (b) 100 Hdddr 100 Hdr 10; (c) 33 skn cr cr cr 3; and (d) 45 HA valve cr t t 10;

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