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(영문) 대구지방법원 2019.07.23 2019노1745
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles (the point of occupational breach of trust) and Defendant A’s failure to destroy or return materials while withdrawing the damaged company is not a major business asset, and thus, even if they were not discarded or returned at the time of withdrawal, the lower court erred by misapprehending the facts charged, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s imprisonment with labor (one year and six months) is too unreasonable.

B. Prosecutor 1) erroneous determination of facts (the defendant's violation of the Unfair Competition Prevention and Trade Secret Protection Act (the violation of the Unfair Competition Prevention and Trade Secret Protection Act) of the defendant 1] The injured company has maintained the data of this case as "a secret by reasonable effort". However, the court below acquitted the injured company on this part on the ground that the injured company did not make reasonable efforts to keep the data of this case secret and did not constitute trade secret. The court below erred in the misapprehension of facts that affected the conclusion of the judgment. 2) The judgment of the court below against the defendant A is too un

2. As to occupational breach of trust

A. The lower court determined that Defendant A is a person in charge of the affairs of the victimized Company and determined that the facts charged are specified, and based on the following circumstances, “attached Form” is deemed as “attached Form 1”.

The data of this case stated in the list of crimes (1) is a major business asset and thus the return or failure of disposal at the time of withdrawal constitutes occupational breach of trust.

① Defendant A prepared a written statement that he/she does not divulge confidential information about technology secrets, trade secrets, research, development, education, training, etc. which he/she has become aware of while in office in the damaged company.

(2) Defendant A shall be the technical research institute of the victimized company.

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