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(영문) 광주지방법원 2014.10.29 2014노2235
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment of the court below is reversed.

Defendant

A. In one and half years of imprisonment, Defendant B’s imprisonment with prison labor, and Defendant C.

Reasons

1. The summary of the grounds for appeal is that the court below's respective sentences (one year and six months of imprisonment; two years of suspended execution in the month of imprisonment; two years of community service order; 120 hours in the community service order; and 200 million won in the defendant C) are too unreasonable.

2. The judgment of this case is an important business asset developed by the damaged company for a long time with considerable cost and effort, and time, and it seems that the victimized company suffered considerable economic loss due to the defendant's crime of this case and may incur them in the future. However, the defendants acknowledged their mistakes at this court. Defendant B's crime is about carrying the trade secret of the victimized company in the dissertation, Defendant A was the first offender and Defendant B did not have any criminal record other than once before and after this kind of fine, and Defendant B seems to have made efforts to prevent additional damage to the victimized company by faithfully implementing the contents of the agreement with the victimized company. Defendant A must support the victimized company's wife, parent, and children in the affected company. In full view of other favorable circumstances, including the circumstance of the crime of this case, the circumstances after the crime of this case, the age of the defendants, character, and environment, the judgment of the court below is justified, and the defendants' assertion is justified.

[Calculation of Fine Amount for Defendant C] According to the records, Defendant C’s sales revenue amounting to KRW 1,313,00,000 in 209, KRW 3,212,00,000 in 2010, and KRW 2,015,000 in 200 in 2011. The Defendants stated in the court below that the sales ratio of solar tracking devices out of the above sales revenue was 50% in 2009, KRW 30 in 2010, KRW 10 in 201, KRW 30 in 201, and KRW 3-5% in 201, the sales ratio of solar tracking devices was 3-5% in 201, and the profits ratio was 3-5% in 200 in 200 [The financial profit of Defendant C calculated based on this amount = ( KRW 1,313,00,00 in x 50% in x 3,212,00.

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