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(영문) 서울중앙지방법원 2016.05.19 2015고단867
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Text

Defendant

B A person shall be punished by imprisonment for not less than eight months.

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

[Basic Facts] The Department of Knowledge Economy (the total ledger of the present industry) provides R&&D with the State’s budget in order to efficiently promote energy technology development around April 6, 2009, and D’s subject to D’s subject of support (a.e., expulsion: H; hereinafter “H”).

While engaging in the business of selecting private energy technology business operators to be run, I delegated the business of selecting the above support project operators to H business operators, I announced the public announcement of the selection of H business operators, and let a bidder submit an application for the target project and a project plan until May 8, 2009, and decided to conduct an evaluation to select H business operators around May 26, 2009.

J and K decided to participate in the tender for the selection of H business operators, respectively, submitted the "application and project plan for the subjects of new support for energy technology development projects in 2009" (hereinafter referred to as "project plan") to the I, and the project plan submitted by K to the I contains the detailed development goals, implementation methods and strategies, the current status of equipment possession, total project cost, commercialization plan, and the current status of participating enterprises.

Meanwhile, Defendant B was selected as “H’s business entity selection” and related M while working as L research institute from January 2009 to December 201, 2010.

[2] Defendant B was selected as M in relation to the selection of H business from around May 20, 209, and was kept for the evaluation by means of e-mail from an employee in charge of I to receive the K’s business plan and the J’s business plan, and Defendant B was in charge of H’s overall PM around May 21, 2009 when it is difficult to identify the trade name in Guro-gu Seoul Metropolitan Government Additionaldong.

N deliver the USB in which K’s business plan is stored.

Accordingly, the defendant disclosed the business plan of K, which is a business secret, to obtain illegal profits or to inflict damage on K, to N.

As seen below:

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