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(영문) 서울중앙지방법원 2016.10.06 2014고단9074
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendant

A is a violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Business Secrets), and on March 19, 2013.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to ten months of imprisonment and two years of suspended execution for the crime of occupational embezzlement in the vice branch of the Incheon District Court on August 8, 2013, and the above judgment was finalized on August 17, 2013.

A Co., Ltd. (hereinafter “C”) is a company established for the purpose of developing technology for reducing the correct amount of the engine, and was the representative director of Defendant A C.

1. Defendant A

A. The Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”), while working as an engine development team leader, etc. in the victim G Co., Ltd. (former H Co., Ltd.), was in charge of I’s and amended duties, which are technical standards for parts, materials, and vehicle testing method, retired from the damaged company around 2001, and had a large number of I’s data. Since January 2002, the Defendant was employed as C’s representative director from around 2004.

When promoting engine design business in C, the Defendant imitated the contents of the above I, which is trade secrets of the victimized company, and prepared K's basic form at the office located in J in Sung-si around March 2008, and instructed C's engine test team employees to change I data possessed by the Defendant to K, and then prepared 66 K as shown in attached Table 1 of the List of Crimes.

Accordingly, the defendant used the trade secret of the damaged company to obtain improper profits or to damage the owner of the trade secret.

B. Since 2009, the Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Disclosure Act”), as in the preceding paragraph, committed an engine design service contract with L, M, etc., which is a complete subsidiary company in China, with K, concealed that K copied the I of G Co., Ltd., as if it was a new technical standard created by K, with the intent to translate it into the Korean language and provide it to L, etc., and around March 19, 2013, through N, an employee of K.

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