Text
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
[Basic Facts] Defendant A was enrolled in Victim D Co., Ltd. (hereinafter “victim”) around December 1, 2006 and was in charge of the production, revision, etc. of automatic short-term design drawings from March 18, 2010 to September 25, 2012 while working as the director of the design team of the damaged company.
Damage Company is a company that develops and sells automatic short-term (the automatic mechanical device that automatically combines the original set on the table table of the Foundation for the purpose of the textile foundation work, at certain intervals) that accounts for a market share exceeding 90% of the domestic market, and 60% of the global market, and in particular, E, an automatic short-term model, is a salary automation machine that treats both the spons and the rectangular parts concurrently, and F is a composite salary automation machine that can be used for all original parts.
【Criminal Facts】
1. No person who is aware that he/she will use or be used in a foreign country for the purpose of obtaining unjust profits or inflicting damage on a person holding a trade secret, shall acquire or use the trade secret, or divulge it to a third party;
In addition, as the head of the design team of the victimized company, the defendant has a duty to not arbitrarily divulge the trade secrets of the victimized company by the contractual relationship that does not spread the company's secrets after retirement, and the written consent related to the confidentiality.
Nevertheless, in violation of the above occupational duties, the Defendant accepted a request from the injured company G in China using the automatic short-term design drawing of the victimized company from the Chinese citizen G, and then stored and taken out the design drawings of the above E and F, an automatic short-term model, which is the automatic short-term model constituting trade secrets of the victimized company, from the injured company office around September 25, 2012, and around November 16, 2012.