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(영문) 서울중앙지방법원 2014.05.01 2014고단1718
부정경쟁방지및영업비밀보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

From May 200 to January 2004, the Defendant served as the victim E’s Korea Translation Development Team for the purpose of software development business, translation and publication business, etc., and retired from office on May 2004, the Defendant served as the head of G Daejeon Technology Research Institute for the purpose of developing and selling patent translation software, and developing and selling patent information analysis software as the subsidiaries of F Co., Ltd. on September 2006.

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

When the Defendant set aside the victim E, the Defendant had expressed his intent to copy the translation engine program and server application program (Korean translation program) which was developed in the victim company and managed as trade secrets in the victim company, and to use the translation program (Korean translation version program) in the Defendant’s external hump and in creating the translation product of G.

On December 31, 2007, the Defendant created the only translation engine program of the Korea Translation Institute, a trade secret of the victim company, using the translation engine program and server application program, and made G Co., Ltd. sell it in KRW 253 million to LGNS Co., Ltd. from that time until December 6, 2013, the Defendant produced the translation using the translation engine program and server application program of the only translation version, a trade secret of the victim company, seven times from that time until December 6, 2013, and had G Co., Ltd sell it in total in KRW 2,438,909,09,091.

Accordingly, the defendant applied the translation engine program and server which is a useful trade secret of the victimized company for the purpose of obtaining unjust profits or causing damage to the victimized company.

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