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(영문) 광주지방법원 2016.10.20 2016고단424
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
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Defendants shall be sentenced to six months of imprisonment, and the execution of each sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 5, 2012 to February 2015, Defendant A served as the head of technical team H (hereinafter “H”) in the victim F Co., Ltd. (hereinafter “F”), which is a manufacturer of automobile log manufacturing machinery and gold-type manufacturing business, as an agent for production technology. From March 5, 2015 to July 7, 2015, Defendant A worked as the head of technical team at H (hereinafter “H”).

H around February 2015, as F’s subcontractor, the system design drawings and processes of the system that manufactures sex and drums, etc. independently developed by F, have been granted access to the program, and the F, in order to encrypt the above design drawings and processes and store all programs in the computer and access design drawings, etc., the F, in order to access the design drawings, etc., he/she managed the relevant technical data, such as the cancellation of encryption in the computer and the access from the personal computer.

Since the Defendant, while working as the director of H, made a commitment to the effect that information about production methods, drawings, etc. that he came to know during the period of performing his duties should not be disclosed to the outside during the contract period as well as after the expiration of the contract, the Defendant had a duty to manage the F’s trade secrets well and keep them from being leaked to the outside.

On June 2015, the Defendant, a business operator of F, planned to leave the Republic of Korea from F, to I, a competitor company, and agreed to do so. In response to this, the Defendant, upon receiving the proposal of “I will secure the company’s design drawings, files, etc.,” and, upon knowing the fact that, among H’s employees, the files, such as F’s design drawings, can be seen as design drawings by cancelling the encryption only from the J-type computer for business purposes.

The Defendant on June 28, 2015.

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