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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[former Fact-finding] On March 30, 2005, the Defendant entered the victim D Co., Ltd. (hereinafter, the victim company) located in the Busan District captain-gun, Busan District, and went to work as the head of the Corporation Management Department from March 3, 2009 to May 4, 2012 and went to death, and established the F, the same kind of business as the victim company, E on July 9, 2012.
【Criminal Facts】
1. The defendant in violation of the Unfair Competition Prevention and Trade Secret Protection Act and the occupational breach of trust committed an occupational duty to return all data related to the company's secret held while in office when he/she retires without divulging the company's trade secret, etc. at the time of the victim company's employment.
In addition, no person shall acquire or use trade secrets useful for the enterprise or divulge them to a third party for the purpose of obtaining improper profits or causing damage to the enterprise.
Nevertheless, from April 16, 2012 to May 4, 2012, the Defendant: (a) stored files related to the trade secrets of the victim company listed in the separate sheet of crime (1) and files on major data on the business affairs of the victim company listed in the separate sheet of crime (2) in his/her external hard disc for the purpose of using them for the business affairs of the company to be established by the Defendant at the office of the department in charge of managing the victim company from around April 16, 2012 to around May 4, 2012; and (b) left the victim company with the intent of establishing F as above; (c) thereby, the Defendant acquired the trade secrets of the victim company with the intent to obtain pecuniary gains equivalent to the property value of each of the above trade secrets in violation of his/her duties and inflict losses equivalent
2. On May 4, 2012, the Defendant: 3 books, “MN B&W INTRUON” owned by the victim company located in the office of the Ministry of Construction and Management of the Victim Company.