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(영문) 수원지방법원 2014.08.21 2014노137
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. Defendant A, B, C, and E’s assertion of misunderstanding of facts and misapprehension of the legal principles did not intend to engage in the business related to the solar batteries production equipment in China. Although the files recorded in the attached list of important trade secrets acquired by Defendant A do not constitute trade secrets, the court below erred by misapprehending the legal principles and misapprehending the legal principles, recognizing the Defendants’ solicitation and convicted the Defendants by recognizing the trade secrets of the above files.

B. Defendant A, E, and prosecutor’s assertion of unfair sentencing by the lower court against the Defendants on the grounds of Defendant A, E, and prosecutor’s allegation of unfair sentencing (Defendant A: imprisonment of one year and six months, confiscation, Defendant B, and D respectively; imprisonment of one year, two years, one year, one year, one year, one year, two years, one year, two years, one year, one of the suspended sentence, and two years, one year, one of the suspended sentence, and two years, one of the suspended sentence), and the prosecutor asserts that the sentence of the Defendants is too unreasonable. The prosecutor asserts that it is unfair

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged 1) Defendant A’s status as the Defendants, around March 22, 2010, is an O Co., Ltd. (hereinafter “O”) that is a specialized manufacturer of manufacturing equipment, such as tea-generation, semiconductor, solar batteries, etc. (hereinafter “O”).

(1) Around May 31, 2010, a member of the PVD Group was employed as the head of the PVD Group, and the development of physical increased equipment that spreads the floor by using the solar cell distribution system was comprehensively controlled. From June 1, 2010 to October 9, 2010, the head of the OEM Development Group was working as the head of the OEM Group, and was in charge of the management of the production of orders by solar batteries-related collaborative companies. From October 1, 2010 to July 31, 201, the head of the PVD Development Group, and from August 1, 201 to February 29, 2012, 2012, the head of the PVD Development Group was serving as the head of the P Team Group, and the head of the PVD Development Group from August 1, 201 to February 29, 2012.

Defendant

B A around March 22, 2010, after entering the Association with Defendant A, around December 31, 2010.

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