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(영문) 대구지방법원 서부지원 2019.01.09 2017고단2831
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

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

Reasons

Punishment of the crime

No person shall acquire or use trade secrets or divulge them to a third party for the purpose of obtaining improper profits or inflicting damage on the owner of trade secrets, and no person who administers another person's business shall obtain or have a third party obtain economic benefits in violation of his/her duties.

From April 1, 2016 to March 10, 2017, the Defendant served as the position of the head of the Rab division at D, a manufacturer of automobile accessories, operated by the victim C in Gyeong-gun, Gyeong-gun, Inc.

The Defendant, in D Co., Ltd. (hereinafter “victim”), was a person who was engaged in production and management while carrying out the business of developing “E”, i.e., a pattern or letter using radar equipment, and was in exclusive charge of storing the development data, which is trade secrets of the victimized company, in accordance with the employment contract, or the principle of good faith, and was in exclusive charge of keeping the trade secrets or essential business assets of the victimized company in addition to the damaged company’s business affairs. As such, the Defendant should not externally disclose or unlawfully use the materials corresponding to the trade secrets or essential business assets of the victimized company in addition to the damaged company’s business affairs. Even if the materials were legally taken out at the time of retirement, there was a duty to return or destroy

Nevertheless, the Defendant, in violation of his duties on March 8, 2017, established the Automobile Parts Manufacturing Business G, which handles the same kind of goods with the victimized company, in the name of the Defendant’s wifeF, in order to use the materials acquired by the victimized company in doing the business.

On March 10, 2017, the Defendant set aside from the victimized Company on or around March 10, 2017, stating “H” files, stating the supply unit price and quantity stored in the Nowon-do owned by the Defendant, and “I” files, stating the supply unit price of the electric devices, and other business trade secrets data and major business assets indicated in the attached list of crimes.

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