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(영문) 서울중앙지방법원 2018.01.11 2017고단7020
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records】 On August 10, 2017, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Unfair Competition Prevention and Trade Secret Protection Act (such as leakage of trade secrets) at the Seoul Central District Court, and the decision was finalized on August 18, 2017.

【Criminal facts” from around September 2013 to August 2016, the Defendant developed “D”, a software development team leader, which is an electronic medical device, from around September 2013 to around August 2016. From around September 2016 to June 2017, the Defendant developed “E” as a software development entity, and thereafter, developed “G”, which is an electronic medical device, from around September 2016 to around September 2017.

A damaged company H (hereinafter “victim”) is a company established for the purpose of software development and supply business on June 14, 2012, and is a company that has developed an “I” program, a comprehensive medical information system (software program) for the purpose of integrating various medical information individually conducted in multiple organizations within a hospital into a single system, by allowing a safe and prompt delivery of doctor’s medical treatment and prescription details to the medical support department so as to significantly reduce the time required for medical treatment and prescription and to readily search the prescribed contents at the time of treatment.

The “I” was produced at the end of the research process between years in which a large amount of development costs was brought, and its unauthorized reproduction or removal of the relevant files or their bar codes was prohibited, and its access was strictly restricted except the representative director of the management entity.

In addition, the source code technology information of one damaged company has an independent economic value that needs considerable cost and effort to acquire or develop it, and the defendant was also well aware of all such circumstances.

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