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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of five million won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A around August 1, 1997, while serving in a trade department (Machine Toool Sals; hereinafter “MT Sals”) to dispute the machine under the business part in the victim G corporation (hereinafter “victim company”) around August 1, 1997, retired from office around September 14, 2015, and served as the vice president of the H corporation under competition with the victim company (hereinafter “H”) around October 1 of the same year. Defendant B is a person who currently served as the head of the service team on May 1, 2006.
The victim company of this case was established in Korea by I, the head office of Germany, in 1997. Since it was established in Korea, the victim company of this case is a company with the main business sector of supplying and selling the highest-tech racs equipment, such as Machine Toool and the racer system for processing materials, etc.
Therefore, in importing and selling the machine of Germany, the victim company has strictly managed technical information, including ① customer information on sales customers, potential customers, competitors, etc.; ② price information including the cost of sales equipment, various incidental expenses, personnel expenses, agency fees, and profit rates by product; ③ sales market analysis and market strategies; ③ customer survey results; ④ business information including failure analysis reports; ④ cutting speed comparison by product, and product design drawings.
1. Defendant A
A. A person in occupational breach of trust shall not use or divulge any material obtained in connection with his/her duties in a company in which he/she is in office without permission, and shall maintain confidentiality for the information obtained during his/her service and return all storage media on which the above information is recorded at the time of retirement. If he/she fails to return it, it must be discarded in light of the incidental obligation under an employment contract or the good faith principle.