Escopics
Defendant 1 and two others
Prosecutor
Pluorri
Defense Counsel
Attorney Kim Sang-hoon
Text
Defendant 1 shall be punished by imprisonment for one year, by imprisonment for six months, and by imprisonment for five months, respectively.
However, from the date of the conclusion of the judgment, the execution of each of the above punishment against the Defendants shall be suspended for two years from the date of the judgment.
To order Defendant 1 to provide community service for 120 hours.
Seized evidence 7 and 9 shall be confiscated by Defendant 1.
Criminal facts
Defendants are those who have worked as employees of the Samwon Industries that sell engines, parts, etc. for vessels operated by Nonindicted Party 1;
1. The Defendants set up and operate the “(trade name omitted) company” as the same company by leaving the above three industries, and conspired to use the engine parts for the vessel of the above three-way industry in a company newly incorporated by stealing it;
From January 2005 to July 2005, at the warehouse of the above Triwon industry located in Busan metropolitan area of 238-36,00, approximately KRW 50,000 in total in the market price of the engine parts, which are engine parts, for ships owned by the victim, such as bending, knife, knife, heating, and Dap lamps, were stolen, while carrying them on the vehicle a total of KRW 50,00,00 in the vehicle;
2. The purpose of Defendant 1’s acquisition of unjust profits by stealing business data, engine parts, etc. containing trade secrets of the above Triwon industry while entering the above Triwon industry around July 2005, with the aim of obtaining unjust profits by establishing and operating the same non-indicted 2 corporation as the same company;
A. At around 18:00 on June 30, 2006, 58 of the purchase data owned by the victim, 58 of the estimated data, 54 of the estimated reference data, 20 of the estimated reference data, 18 of the purchase and sale unit price for each customer, 203 of the unit price for the generated parts by each customer, 1 of the unit price list, 3 of the daily unit price, 13 of the disc, HRD-25A sample 1 of the HRB-25A sample sample 1 of the HRB-65A sample 1 of the HRB-65A sample 1 of the purchase data, 15 of the estimated reference data, 20 of the estimated reference data, 20 of the purchase and sale unit price for each customer, 13 of the unit price for each user, 13 of the unit price for the power unit parts, 15 of the unit price for ships, 10th of the sampling-25th of the market price, 208.
B. Around June 2006, at the office of the office of the non-indicted 2 corporation, the office of the Busan Young-gu, Busan Young-do, 3, 401 (hereinafter omitted), such as the size, unit price, distribution unit price, sales unit price, unit price by customer, unit price by engine, and unit price and unit price and unit price and unit price and unit price and unit price of each engine, etc., which contain trade secrets in the above third party 2 corporation's computer were used.
Summary of Evidence
1. Statements by Defendant 1 in part of the first protocol of trial;
1. Statements made by Defendants 2 and 3 in the first trial records;
1. Statements of Defendant 1 in part of the second protocol of trial;
1. The statement made by Nonindicted Party 1 in the third trial record
1. Each legal statement of the witness Nonindicted 3 and 4
1. Protocol concerning the interrogation of the Defendants by the prosecution
1. Each police statement on Nonindicted 1, 3, 5, and 4
1. Each protocol of seizure;
Application of Statutes
1. Article applicable to criminal facts;
A. Defendant 1: Articles 329, 30 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 329 (a) of the same Act, Article 18(2) of the Unfair Competition Prevention and Trade Secret Protection Act (a)
B. Defendant 2 and 3: Articles 329 and 30 of the Criminal Act
1. Aggravation for concurrent crimes (Defendant 1);
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Suspension of execution (the defendants);
Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1)(Article 62(1) of the Criminal Act provides that no particular criminal record exists among the defendants, Defendants 2 and 3 reflects the wrong and agree with the victim, Defendant 1 also received the victim's letter for the thief crime, and taking into account the fact that each thief crime
1. Order to provide community service (Defendant 1);
Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act
1. Confiscation (Defendant 1);
Article 48 (1) 1 of the Criminal Act
Judges Yellow Dong-dong