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(영문) 대구지방법원 서부지원 2015.09.03 2015고단761
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

[Defendant A, B] Defendant A and B shall be punished by imprisonment for one year.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person retired from office around October 3, 2012 after serving as the head of production management division in charge of product production, management, etc. in the victim F Co., Ltd., a manufacturing company, who produces medical devices such as dental appliances for dental use, handbath, etc., located in Daegu-gun E, and retired from office around August 28, 2014.

Defendant

B From November 14, 2011, the injured company was in charge of Chinese business from around November 201 to around August 29, 2014, and the defendant C was in charge of the research and development of dental medical devices such as handbs, etc. at the technology research institute of the victimized company from around March 7, 2011.

No person shall acquire or use trade secrets useful for the enterprise or divulge them to a third party for the purpose of obtaining unjust profits or causing damage to the enterprise.

Defendants made and produced dental common Hands in the affected company consisting of several parts patented, and confirmed as advanced technology products by the Ministry of Trade, Industry and Energy on April 2014. The design drawings for the manufacture of handbs products are written within the scope of the “official car” that is not written in patent applications (the error scope of the size of the product publicly announced in precision) and such design drawings are the major assets of the victimized company and are well aware of the fact that they are business secrets.

On the other hand, the Defendants prepared a written employment contract that “to comply with the company’s trade secrets” each year, and the victimized company installed a security program that restricts access by the technical research institute to prevent leakage of related technologies, such as hand-on, etc., and prevents external transmission of design drawings and files stored in the computer. The Defendants took measures such as restricting the internal distribution and management method of paper design drawings and, if taken out them, recording them in the daily ledger and marking out them on the shipment drawing. Thus, the Defendants are illegitimate.

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