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(영문) 서울남부지방법원 2017.01.12 2016고정270
업무상배임미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Victim E (hereinafter “victim E”) is a company that operates the Hague Hunter business from the Yeongdeungpo-gu Seoul Metropolitan Government F and 15th floor, and the Defendant was working for the said company from July 1, 2013 to October 4, 2015.

1. The injured company violates the Unfair Competition Prevention and Trade Secret Protection Act (such as divulgence of trade secrets) provides services to advise each company to recommend professional human resources and provide advice when employing human resources of each company by establishing an internal system of data database on companies conducting employment (customers) and job seeking applicants (candidates). The specialized company of “H Hunting” collected every year, customer private information collected between several years, and personal information collected from candidates based on internal database to final employment by selecting customer company and candidates.

In addition, the injured company paid KRW 4.6 million to HR, a corporation operating a human resources information job site (hereinafter “person”). The method of receiving the candidate’s information is the structure that enters the ID and password of the victimized company into the site of the person, who is a person, to inquire about the candidate and receive the entry application, etc., and then is applied to the damaged company’s system. The above personal information and job application form, customer recruitment information, etc. constitute trade secrets of the victimized company.

On May 5, 2015, the Defendant came to know the personal information, such as the contact information of the candidate G, by accessing the damaged company’s office site via the ID and password. On contact with G, the Defendant was kept in custody of the Defendant’s e-mail account (H) with the victim company’s e-mail. On September 8, 2015, the Defendant became aware of the Defendant’s employment information of “I”, which is another business secret of the victimized company.

The defendant is Seoul Special Metropolitan City, which is a competitor company of the mid-term damage company on September 2015.

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