Text
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No current or former patent attorney shall divulge or misappropriate confidential information about an invention or device of an inventor, inventor, patent applicant, or applicant for registration who becomes aware of in the course of providing services without good cause.
Nevertheless, the Defendant is a representative patent attorney of the F Patent Firm, acting as a representative for the application for a patent, and on June 201, the Defendant is a priority claim under the H Patent Act in the office, etc. of the said patent firm located in Gangnam-gu Seoul Haman on G (hereinafter “provisional application”).
By stealing the E’s “I” technology that he/she became aware of in the course of performing his/her duties, he/she applied for a patent as to “M(Application Number N),” “O(Application Number P)” and “R(Application Number S)” in the name of K that is the Defendant’s spouse, respectively.
Accordingly, the defendant abused the secrets of the patent applicant's invention that he became aware of in the course of his duties without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of T, U, V, W, X, and Y;
1. Examination protocol of the accused by the prosecution (including the respective statements in theU, V, T, and Y);
1. The second police interrogation protocol against the accused (including the respective statements in theU and V);
1. Statement by the prosecution about Y;
1. The police statement concerning T;
1. A written statement of V, W, X;
1. A patent application;
1. A written appraisal;
1. Each specification of a patent application by the defendant attached to the investigation report (Evidence No. 13);
1. Each reference material (referring to the technical adviser of an organization of standardizing nanotechnology, JCT-VC on July 14, 201-22, 201, e-mail attached to the specifications of patent applications (e-mail, June 21, 201), etc.; e-mail for review of patent applications (e-mail, June 30, 201), and e-mail for organizing the results of testing ( May 19, 201);
1. Application of the e-mail copy (1185 pages) attached to a defense counsel’s written opinion (II) - Defendant’s agent (Evidence No. 21)
1. Article 23 of the former Patent Attorney Act and the former Patent Attorney Act (amended by Act No. 11962, Jul. 30, 2013) regarding criminal facts.