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(영문) 창원지방법원 2017.05.25 2016노2828
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All the judgment below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Patents related to the design drawings, festivals, parts drawings, estimated drawings, specifications, specifications, estimates, production schedule, etc. (hereinafter “data in this case”) of Defendant I Co., Ltd. (hereinafter “victim”) and the “J Indones-dok-dok-si” (hereinafter “the data in this case”), which are business secrets of Defendant I Co., Ltd. (hereinafter “victim”) are open to the public, and thus, do not constitute trade secrets under Article 2 subparag. 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

In addition, the instant data is not a business secret that is subject to occupational breach of trust, and is not a major business asset that “no one can normally obtain it without going through a holder because it is not open to an unspecified number of persons, and that person holding it has produced in considerable time, effort, and expenses.”

Nevertheless, the court below convicted of the violation of the Unfair Competition Prevention Act and the occupational breach of trust. Thus, there is an error of misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence against the Defendant A by the Prosecutor (one year and six months of imprisonment, two years of suspended execution, and confiscation) is deemed too unhued and unreasonable.

2. Determination

A. Determination as to the assertion that the business secrets do not violate the Unfair Competition Prevention Act (hereinafter “Unfair Competition Prevention Act”) refers to the production method and sale method, and other technical or managerial information useful for business activities, which are kept confidential by considerable effort (see Supreme Court Decision 98Da45751, Nov. 10, 1998). Here, the term “the disclosure is not known to the public” means that the information cannot be obtained through a holder because it is not known to many and unspecified persons, such as the publication, because the information is not known to the public.

even if applicable.

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