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Defendant
A shall be punished by imprisonment with prison labor of ten months, and by a fine of five million won for Defendant B.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A As of September 19, 195, the victim H (the representative director I) corporation established in Kimhae-si for the purpose of manufacturing and selling parts of industrial machinery and equipment, and promoted them to the managing director on April 6, 2005, while performing the overall business of manufacturing and equipment and offshore plant plant operations. Since his withdrawal from office around July 31, 2015, he is a person who works for B (the representative director K, the actual operator L) established for the purpose of manufacturing and selling metal parts in J as of July 31, 2015, and Defendant B is a corporation established for the purpose of manufacturing and selling metal parts.
1. Defendant A’s crime;
(a) No person shall acquire or use trade secrets, or divulge them to a third party, for the purpose of obtaining unjust profits or inflicting damage on a person holding trade secrets;
Nevertheless, around July 2015, the Defendant: (a) removed 47,910 files, in total, from the business and technical data, including the contact process, unit price information, estimate data, quality data, inspection data, components drawings, and defective conditions of subcontractors, which are developed and used for business by the damaged company; and (b) removed them without permission, after copying them into Defendant’s hard disc or external storage device; and (c) sent estimates related to the offshore plant facilities at the MU office located in Germany on October 2015, the Defendant used the relevant estimates, manufacturing cost data, etc. from the time of taking them out without permission to the beginning of March 2016, and used the trade secrets of the victimized company without permission, as described in the attached Table of Crimes, from the time of taking them out to the beginning of March 2016.
Ultimately, the Defendant gains unjust profits or trade secret holders as above.