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(영문) 수원지방법원 2015.02.05 2011고단5544
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendant

A Imprisonment for six months, Defendant B's imprisonment for ten months, and Defendant C's fine for 10,000,000 won, respectively.

Reasons

Punishment of the crime

【Social Career】

1. Defendant A is the representative director of Gangdong-gu Seoul Metropolitan Government Co., Ltd. (hereinafter “C”).

2. Defendant B served as a researcher in charge of H and I development from Company G located in Ansan-gu F from April 2007 to December 31, 2009. The head of the technology team in charge of H and I development who entered C around January 2010 and was in charge of H and I development. From June 2010, Defendant B served as a technical director.

3. Defendant C Co., Ltd. (hereinafter “C”) was established for the purpose of real estate development, etc. on July 30, 2009, and changed the business purpose on February 17, 2010 to the manufacturing, sale, etc. of electronic, electrical, and parts thereof.

4. G Co., Ltd. G Co. (hereinafter “victim”) was established on April 19, 1994 for the purpose of manufacturing and selling medical devices, etc., and the J is serving as the representative director on November 25, 2009.

【Criminal Facts】

Defendant

On June 26, 2009, A entered into a management right acquisition agreement with K on the condition that the damaged company will be deposited 300 million won, 2.5 billion won, 5 million U.S. dollars, and 5 million U.S. dollars investment attraction. However, the above contract was reversed on July 17, 2009 because only 36 million won is paid and the remaining conditions are not fulfilled.

Defendant

A determined that H and I have business feasibility of the victimized Company, and that the victimized Company was faced with financial difficulties and was unable to pay employee benefits, A established a separate company with the researchers, and proposed to produce the above medical device together with M who was the director of the victimized Company, and received the proposal.

After the Defendants leaked management and technological trade secrets of H, I, the trade secrets of the victimized company, and the Defendant A funding and Chinese business, and M sold medical devices.

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