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(영문) 의정부지방법원 2014.12.19 2014노1358
부정경쟁방지및영업비밀보호에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the Defendant, as stated in the facts charged in the instant case, mismisunderstanding of facts or misunderstanding of legal principles, operated the Company E, “Co., Ltd.,” and “Co., Ltd. G,” but the said Company is a small company and there is no possibility of confusion with the above Company’s business. Thus, the Defendant’s act does not constitute a violation of the Unfair Competition Prevention and Trade Secret Protection Act

Therefore, the judgment of the court below which convicted the defendant is unfair because it misleads the facts or misleads the legal principles.

B. The sentence imposed by the lower court (one year of suspended sentence for four months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles, the defendant argued the same as the reasons for appeal in this part, and the court below rejected the above argument and sentenced the defendant guilty on the grounds as stated in the judgment of the court below on the defendant's and defense counsel's assertion. In light of the facts acknowledged by the evidence duly adopted and investigated by the court below, the court below's above decision is acceptable. Furthermore, according to each of the above evidence, it is recognized that the defendant stated that other persons are in a relationship of relationship with the owner of this Ireland Co., Ltd. while running business related to the company he operated, and that the defendant was actively recognized.

Therefore, this part of the defendant's argument is without merit.

B. The fact that a defendant has no record of criminal punishment due to the same criminal act is an advantageous reason for sentencing.

However, even up to the trial, the defendant denies part of the crime of this case and does not reflect it, and the attitude and purpose of the crime are considerably significant.

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