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(영문) 인천지방법원 2016.11.03 2016노146
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

1. All parts of the judgment of the court below against Defendant A and D are reversed.

Defendant

A shall be punished by imprisonment with labor for one year;

Reasons

1. Summary of grounds for appeal;

A. Defendant A, D, B(1) and misunderstanding of the legal principles are common parts of the above Defendants, each of the drawings (hereinafter “instant drawings” and “instant drawings”) relating to the design of semiconductor set forth in the annexed Table of Crimes (1) and (2) of the annexed Table of Crimes (hereinafter “instant drawings”) are not “trade secrets” due to lack of non-public nature, economic usefulness, and confidentiality management requirements, and even if the above Defendants were trade secrets, the period of maintaining trade secrets has elapsed two years after their retirement.

B) Defendant A and D’s conviction portion Defendant D did not receive the instant drawing No. 2 from May 8, 2008 to May 31, 2008 at once, but received it from time to time each year, and did not receive it for the purpose of divulging data as to whether Defendant D received it due to Defendant D’s occupational needs. Defendant A and D did not intend to engage in occupational breach of trust and did not incur property damage to the damaged company. Defendant A, Defendant A, Defendant B, and Defendant B did not intend to obtain unjust profits or incur damage to the damaged company with respect to “acquisition of trade secrets.” Defendant A, Defendant A, and Defendant B were duly receiving the instant drawing No. 1 from Malaysia, which had been the supplier of the equipment of Malaysia, and the above Ma Company requested a transaction through the drawings of the damaged company. Thus, the “unlawful use” of the instant drawing is not “illegal use” of the drawings.

Defendant

B is merely an employee who has performed his duties, and there is no public contest relationship with the defendant A.

2) The sentence (Defendant A: imprisonment with prison labor for one year, Defendant B: imprisonment for eight months, suspension of execution for two years, community service order with 120 hours, Defendant D: imprisonment with prison labor for ten months) declared by the court below on the above Defendants is too unreasonable and unfair. B. The prosecutor 1) mistake of facts is not guilty part of Defendant D’s reasons.

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