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Defendant
A and B shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A entered the victim E Co., Ltd. (hereinafter referred to as "victim E Co., Ltd.") whose main business is the production of the ESD width, etc. around July 29, 2015, and was working as the vice president on September 23, 2015, and was working as a joint custodian on or around February 26, 2016 while a decision was made to commence simplified rehabilitation procedures with respect to the victim Co., Ltd., and retired from the office on or around September 1, 2015. Defendant B was employed as the victim Co., Ltd. as the head of the research institute on or around December 31, 2015, and Defendant C retired from the office on or around August 9, 2016.
The Defendants knew that the design drawings and certification-related data, such as LED flood discharge, were prohibited from taking out unauthorized reproduction as a major asset for business in the victim company, and prepared a written pledge to avoid damage to the company at the time of withdrawal from the company. As such, there was a duty not to arbitrarily use the above data or divulge it to a third party.
Nevertheless, even after the victim company entered the rehabilitation procedure, the Defendants did not properly pay the benefits and suspended production of the width, etc., and established G Co., Ltd. in the name of Defendant A’s wife F around April 2016, Defendant B and C established G Co., Ltd. in the name of H around May 2016, and Defendant B and C are in charge of production, and Defendant A was in charge of production and sale of the width, etc. using the drawings of the width, etc. acquired by Defendant A while working in charge of the operation and business of the company, and obtained large certification from the Korea Gas Safety Corporation.
Therefore, around July 25, 2016, Defendant A stored D model drawings and certification-related documents, such as the width, etc. of the victim company that was kept in the office of G Co., Ltd. located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul, in the USB, and Defendant B used them.