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1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for eight months;
2. However, it is against the above Defendants.
Reasons
Punishment of the crime
Victim E (hereinafter “victim E”) is a corporation that runs semiconductor equipment, machinery and apparatus manufacture and wholesale and retail business in Mayang-gu, Jeonyang-gu. G corporation is a corporation that engages in semiconductor equipment, machinery and apparatus manufacture and wholesale and retail business, and G corporation is a corporation that engages in the manufacturing of semiconductor equipment and components and wholesale and retail business, etc. from H building I in Suwon-si, Suwon-si, Suwon-si.
Defendant
A from September 1, 2008 to September 18, 2010, in charge of the production of programs by the victimized company, and entered into a service contract with G Co., Ltd. on June 1 to 8, 201 and was in charge of the production of programs and other work.
Defendant
B From October 27, 2010 to October 31, 2011, the injured company's license-related technical department has served as the head of the technology department, and from November 1, 2011, the G corporation has served as the head of the business department of the G corporation.
1. Defendant A
A. As to the occupational secrets of the victimized company, including information on research and development of the victimized company while working for the victimized company, technical information, such as product design method, design drawing, manufacturing process, manufacturing device, and computer program related to manufacturing, and all kinds of business information related to consulting business, the Defendant has an occupational duty to return or discard the above materials and not divulge them to the outside upon retirement in accordance with the duty under an employment contract or the duty under the good faith principle.
In this case, the indictment of this case contains "the defendant has not disclosed or used the secrets of the damaged company after his retirement, and at the time of his retirement, he has prepared a security pledge containing the contents such as destroying or returning them."
However, according to the evidence in its holding, Defendant A’s preparation of a written oath as above is recognized on February 17, 201, which was subsequent to the completion of occupational breach of trust by taking out each file recorded in the attached list 1)- (i) from the victimized company. Thus, the above part is to be deleted ex officio.