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(영문) 창원지방법원 밀양지원 2017.01.12 2016고단156
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 29, 2006, the Defendant entered the Victim D Co., Ltd. located in C and developed the “E” used as a raw material by putting in the form of dust, using cokes, etc. The Defendant was working as the head of the technology development department, and the victim company supplied the above E with the monopoly.

On September 2013, the Defendant, upon the Defendant’s resignation from office around the end of September 2013, copied the computer files containing a total of 391 files, such as “E-type production technology,” which is a business secret of the victim company stored in Nowon-gu for the Defendant’s business, and then removed them to the Defendant’s private outsideboard, and issued a test report that the victim company was managed at its own expense, and the act of taking them out is a violation of its duties.

The retirement was made to F Co., Ltd.

On May 2014, the Defendant, at a port of port, developed E for the purpose of suppressing the victim company and delivering it to Posco at the F Office located in Nam-gu G, and prepared an information security pledge stating that the business secrets, etc. known while working for the victim company should not be leaked or used for any other purpose, the Defendant in violation of his/her duties used the technical data and experimental report listed in the attached Form No. 2, which is the business secrets of the victim company leaked as above.

As a result, the defendant used the victim company's trade secrets for the purpose of unjust profit, while allowing FF to obtain the amount of property benefits, and causing the victim company to suffer property damage equivalent to the decrease in the amount of benefits arising from the weakening of competitiveness.

Summary of Evidence

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. The police;

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