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(영문) 광주지방법원 2018.02.22 2017고단697
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

Defendant

A Imprisonment for 10 months, and Defendant B shall be punished by a fine of 15 million won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

From May 14, 2009 to September 6, 2014, A worked as the head of the production technology team at the victim K Co., Ltd., which engages in the business of manufacturing and selling parts of air-conditioning and heating devices, and was in charge of manufacturing and managing related drawings. On September 17, 2014, A joined Defendant B (hereinafter “Defendant B”) who engages in the same kind of business as the victim company, and worked as the head of the technology development department.

1. Defendant A

A. As the head of the production technology team of the victim company, the Defendant was aware that the design drawings related to the heat exchange equipment for cooling cooperation was prohibited from taking out unauthorized reproduction because it was a major business asset of the victim company, and also prepared a written pledge to avoid causing damage to the company at the time of withdrawal. As such, the Defendant was on duty not to use the above materials at will or divulge them to a third party.

However, on September 6, 2014, the Defendant retired from the victim company, in violation of this duty, and carried out 1,188 drawings such as 1,188 drawings and files related to heat exchange machines and related facilities of the victim company, which were handled at the time of being employed as the production technology team, with the intent to use them after leaving the company as a competitor, thereby acquiring the amount of financial benefits equivalent to the market exchange price of the above drawings files and causing property damage equivalent to the reduced amount of the non-merchant profits of the victim company.

B. The Defendant, who made a new drawing using the reproduction of design drawings, etc. of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”) from February 2015 to October 1, 2015, stored in the outer nived nives as described in Defendant B’s technological development sub-office, and stored in the victim company’s business secrets by modifying only part of the “U nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives dwg files

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