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(영문) 서울중앙지방법원 2017.08.10 2017고단3718
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and B established and jointly operated a company called “H” for the purpose of developing and supplying software around December 3, 2013, and Defendant C was a person who was working as the developer of the electronic medical and tea management program in the name of “I” in the above H.

On January 2014, the Defendants did not properly proceed with the installation of “I” program under the development of the Defendants from the K Hospital located in the GJ of the GJ of the GIC, which had been proposed by the Defendants at the time, to the hospital. On April 2014, the Defendants, who developed the hospital management information system, “L” similar to the program, installed the N and “L” program in the above hospital as “I” program and provided 1/2 of the profits to be incurred in the future. The Defendants visited the above hospital with N and revised the L “L” program in compliance with the request of the officer in charge.

The “L” was produced at the end of the research process between years in which the victimized company was able to pay a large amount of development costs, and was treated as confidential business information, and thus the unauthorized reproduction or removal of the relevant files or their bar codes is naturally prohibited, and access was strictly restricted except the representative director of the management entity.

In addition, the source code technical information of the damaged company has an independent economic value that needs considerable cost and effort to acquire or develop, and the Defendants were well aware of these circumstances.

Nevertheless, the Defendants confirmed the contents of the “L” program in the process of installing the program at the above hospital, and thought that their use could easily supplement the “L” program that they have developed so that they could proceed with the project, and were able to steals the above “L” code.

Accordingly, ...

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