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(영문) 창원지방법원 2016.12.08 2015노1159
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 of the legal principles as to the specification of the facts charged and the defense counsel stated that they appealed on the grounds of mistake of facts and unreasonable sentencing on the first day of the trial of the party. However, the sixth day of the statement of grounds of appeal submitted on June 30, 2015 by the defense counsel stated that the trade secret among the facts charged in the instant case is not specified and thus it impedes the exercise of the defendant’s right to defense. The facts charged in the instant case provide that all the information stored in the Trade Secret North Korea, i.e., any file stored in the main server of the victimized company at the time of the withdrawal of the Defendants, as “trade secret,” and the said documents are not specified, and are distinguishable from the other materials of the victimized company, and are not written in all. Accordingly, it does not interfere with the defendant’s right to defense. Accordingly, if the facts charged in the instant case are not specified and thus, it does not interfere with the design of the automatic advanced type and automation equipment, drawing, unit cost, tender estimate, cost analysis, and design drawings, etc. (hereinafter “the Director”).

Among them, the design drawings of this case are prepared by manufacturers for their convenience in the production of a malutic machine suitable for the original specifications of the client. The design drawings of this case, etc. can be obtained without going through the damaged company, and the damaged company has also acquired and provided or received the drawings in such a way. (B) In the manufacture and repair of a malutic machine, the design drawings of this case are merely incidental to the design production of a malutic machine, and it cannot be deemed that there are special human resources or costs for the production of a malutic machine, and the competitiveness of the malutic machine production is the competitiveness of the malutic machine production.

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