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(영문) 수원지방법원 평택지원 2018.03.06 2015고단176
부정경쟁방지및영업비밀보호에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the term “B” is limited to this case’s charges.

Reasons

Punishment of the crime

[criminal records] On February 19, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Unfair Competition Prevention and Trade Secret Protection Act (a divulgence of trade secrets, etc.) at the Seoul Central District Court, and the judgment became final and conclusive on April 22, 2013.

[Criminal facts]

1. The Defendant, C, and D’s status and the pertinent Defendant are substantially managing E Co., Ltd. (hereinafter “E”), and C is a person who works as the head of E Research Institute from January 2009 and is in charge of the development of the Nemanium.

D From July 2008 to October 2009, D served as the head of the overseas business team related to this section, a victimized company established for the purpose of producing and supplying NAS from F to F, a company established for the purpose of import vehicle, as the head of the overseas business team, and from November 2009 to March 201, 2010. At the same time, from Dec. 2, 2008, the damaged company, a general seller, performed the role of delivering the damaged company’s technical data to E by deducting the damaged company’s technical data so that it can develop in the same kind as the victimized company from around September 201, 208, and was employed as a business director by around September 2010.

2. The Defendant, using 39 copies of business secrets of the victimized company, such as the list in the annexed crime list, instructs the development and production of new recreations, and C, etc., upon request to G, an external development company, around June 2010, the model name of which was changed, due to the combination of the main body in H, which is non-invited into a new gambling type, installed on the vehicle, and the weight of which is high and convenient to install the body. The Defendant, upon request for the development of reproductions and around September 1, 2010, started the development of the Plaintiff’s development confidential business secrets acquired from D on September 2, 2010, and then started the development of the Plaintiff’s sales from around October 21, 201 to around October 21, 201, from around October 21, 201 to around October 3, 2010 (hereinafter referred to as “RJ”).

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