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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
"2017 Highest 1328"
1. The Defendants’ joint crime Defendant A, from August 21, 2010 to April 30, 2016, was in charge of technological development, trial operation, supply, etc. from F Co., Ltd. to F Co., Ltd. as the management support team leader and the technology team leader. Defendant B was in charge of technical development, trial operation, supply, etc. from January 20, 2014 to May 3, 2016 by the victimized Co., Ltd. as the vice head of the production technology team.
Defendant
A plans to establish and operate a G stock company, which is the same kind of company as the victimized company, while working for the victimized company, and the defendant B, etc. suggested that the victimized company work together with G stock company, and taken out the business data of the victimized company to use them.
Damage companies are corporations established for the purpose of screening Hands for electronic parts and manufacturing Hand-related patents through direct research and development, and are holding related patents, etc., they are companies holding unique technical skills and know-hows, and they are demanding a confidentiality pledge to the effect that they will not disclose to the outside matters requiring business secrets for two years after retirement from their employees in order to protect business important data, and that they will not use them for third parties in start-up or competition.
The Defendants, as seen above, did not divulge to the outside the matters requiring occupational secrets for two years after retirement while serving in the damaged company, and prepared a confidentiality pledge, etc. to the effect that they would not use it for any third party in the start-up or competitive competition, thereby, there was a duty to return or discard important business data of the victimized company held while in office and not use them for any third party in the start-up or competitive competition.
Nevertheless, the Defendants suffered damage on April 2016.