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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Fact-finding] A retired from office as a victim C corporation (hereinafter “victim”) that runs advertising planning, design production and agency business, and wholesale and retail business, from January 18, 2017 to April 1, 2017. The Defendant retired from office as a designer of the design team. The Defendant is a person who retired from office from office from the damaged company’s design team to March 17, 2017. D is a person who retired from office from office from office from the damaged company’s design team to a parkidyer from January 12, 2017 to April 1, 2017.
As indicated in the following facts, brand designs which have failed to appear at the time when the defendant B and D leaked were leaked or exposed to their characteristics are likely to lose value because they could be easily reproduced and distributed by the competition company or a third party. As such, access to the relevant creation is strictly restricted and managed. The above design materials, etc. are ① not disclosed to the general public (non-public), ② are having independent economic value (economic feasibility), ③ are the trade secrets of the victimized company that the victimized company maintains and manages its secrecy by considerable effort.
[Criminal facts] No person shall acquire, divulge, or use trade secrets for the purpose of obtaining unlawful profits or causing damage to a person holding trade secrets.
On April 3, 2017, the Defendant was demanded on April 2, 2017 to transmit a U.S. design file to prepare a scenario from B and D at the Defendant’s dwelling in Songpa-gu Seoul E building 206.
Accordingly, the Defendant was stored in the outer storage device of the Defendant at the time of the Defendant’s employment of the victimized company, and the Defendant did not return or discard at the time of his retirement, and the Defendant’s business secrets of the victimized company, F, G, and H, which are business secrets of the victimized company.