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(영문) 부산지방법원 2015.09.03 2015노781
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or misunderstanding of legal principles 1) Violation of the Unfair Competition Prevention and Trade Secret Protection Act due to Defendant A’s use of trade secrets (Article 1-B).

As to paragraph (1), in order to verify the raw materials contained in the rubber products in which the victimized company was produced, Defendant A’s act of executing and inspecting the files of “RIF product raw materials cost.XS”, which are the trade secrets of the victimized company, and this act is deemed to be “using the trade secrets directly or indirectly for business activities by using them in research and development projects, etc.” Therefore, it should be evaluated that Defendant A’s act of committing the crime by executing the above file has come to be completed.

2) As to Defendant B’s occupational breach of trust (part of the facts of prosecution No. 2) with respect to the data No. 257 or 259 attached to the judgment of the court below, the above data is prepared by Defendant B. However, the content is merely a partial revision of the mixing Table, which is a trade secret of the damaged company, and thus, the part that leaked the above data constitutes a trade secret of the damaged company, and thus, can be found guilty of occupational breach of trust. 3) As to Defendant B and E’s violation of the Unfair Competition Prevention and Trade Secret Protection Act (the facts of acquittal in the court below’s decision No. 4) due to the leakage of trade secrets listed in the List No. 6 attached to the List of Crimes No. 4, this part is also prepared by Defendant B, but its content is merely a partial revision based on the mixing List, which is the trade secret of the damaged company, and thus, Defendant B and E acquired the trade secret of the damaged company.

4) Violation of the Unfair Competition Prevention and Trade Secret Protection Act due to the use of trade secrets listed in [Attachment A, C, D, and E] Nos. 4 and 5 (based on the leakage of trade secrets).

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