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.

Punishment of the crime

On December 27, 2011, the Defendant is in charge of the development and design of the “revolving marketing system” among automated equipment in the victim E Co., Ltd., a business entity manufacturing automation facilities in Yangsan-si, which is located in the F, around December 27, 2011. The Defendant is a retired person around June 30, 2014, and is currently serving in G (H) in China, which is currently the same kind of company as the victimized company.

As seen above, the Defendant created a security pledge that not only during his/her service on November 201, 2013, but also after his/her retirement, and thus, the confidential information he/she has become aware of at the time of his/her service shall not be disclosed to any person who is not related to the business of the company that he/she is not required to use only for the business of the company, and there is a duty not to start a business with a trade secret he/she has become aware of at the time of his/her service or to transfer his/her business

Nevertheless, the Defendant, in violation of his/her duties on June 30, 2014, carried out without permission, 52,464 files in total, including the external drawings, parts, degree, details, user manuals, unit prices and estimates, cost analysis sheet, etc., which were developed and operated by the victimized Company from around November 2014 to January 2016, with the Defendant’s hard disc or external storage. The Defendant used confidential business information, as described in the attached list of crimes, carried out without permission from China, from November 2014 to January 2016.

Ultimately, the Defendant, in violation of his occupational duties, illegally removed and used confidential business information of the victimized company without permission, acquired market value equivalent to the market exchange value for confidential business information of the victimized company, and caused damage equivalent to the same amount to the victimized company.

Summary of Evidence

1. The defendant's person;