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(영문) 서울중앙지방법원 2015.01.14 2012고단2014
부정경쟁방지및영업비밀보호에관한법률위반등
Text

Defendant

A and B Imprisonment for one year, Defendant C shall be punished by a fine of KRW 5,000,00, and Defendant D shall be punished by a fine of KRW 1,000.

Reasons

Punishment of the crime

No person shall acquire or use trade secrets useful for the enterprise or divulge them to a third party for the purpose of obtaining unjust profits or causing damage to the enterprise.

[2012 Highest 2014]

1. From October 1, 1991 to June 30, 2006, Defendant A served as the head of technical research institute and a managing director of the Technology and Research Institute L for the Settlement of Victims (hereinafter “victim Company”) and was in charge of the development of M 1, 2 (M (hereinafter “M”) among the tax accounting programs, M 1, 2 (the Tax Accounting Program for Small and Medium Enterprises), and the total responsibility for the storage of back-up data of development documents.

Between February 2009 and May 201, 201, the Defendant: (a) the Defendant’s house located N611 Dong 701 Dong-gu, Manyang-si; (b) the Defendant’s house located in Kuyang-si, Manyang-si, U.S.O. 102 Dong-dong, U.S. 145; and (c) the Defendant’s P building 601 (State); and (b) Q, a tax accounting program, “P.” (c) the Defendant’s tax accounting program.

MIS programs similar to those of the victim company, hereinafter referred to as Q) and SS (hereinafter referred to as “T”);

(A) Although similar to the ERP (ENP) was developed, the management program for micro enterprises located in the Round rather than T, rather than T, a company personnel and material information integrated management system; hereinafter hereinafter hereinafter hereinafter 'S”), the victim company made use of the source files of data glass (U and V), which are trade secrets used in M 2, a tax accounting program of the victim company, and used the development of Q Q and S products, and distributed each of the above products for compensation.

Accordingly, the defendant used trade secrets useful to the victim company for the purpose of obtaining improper profits or causing damage to the company.

2. Defendant B served as a technical director of the victim company from October 1, 1991 to May 31, 2002, and was in charge of M 1’s development activities, including M 1 and 2 from July 1, 2004 to November 30, 2009.

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