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(영문) 대전지방법원 천안지원 2014.11.28 2014고단253
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around October 23, 2006, the Defendant was employed as an employee of the headquarters in charge of general affairs of the head office around February 2012, 2012, who produces the telephone number book with the name of “D” (hereinafter “victim”) and was employed as the head office in charge of general affairs of the head office around February 2012.

7.2.Written retirement.

As the head of the headquarters in charge of overall business affairs of the victimized company, the defendant has a duty to protect important business assets of the victimized company.

Nevertheless, in violation of the above occupational duties, the defendant did not intend to gain unjust profits by establishing a same kind of company using major business assets of the victimized company after retirement from the victimized company, or demanding the victimized company to return money and valuables on condition of returning major business assets.

On June 2012, at the office of the victimized company located on the eightth floor of Suwon-si F Building in Suwon-si, the Defendant, using his/her own Nowon-gu computer, entered and connected the ID and spared in the database system (hereinafter “G”) of the victimized company’s database (hereinafter “the name”), acquired total 1,474,761 data, including the trade name, type of business, telephone number, address, type of advertisement, advertising amount, advertising amount, payment method, customer account number, consultation details, etc. of each region, which is a major asset of the victimized company’s business operation, and removed the data from the office after acquiring them as a mobile short circuit (USB).

As a result, the Defendant acquired property benefits equivalent to the market exchange price in an amount yet, and suffered property damage in an amount that may arise from the weakening competitiveness of the “D” telephone number department issued by him/her, the decrease in the number of copies issued by him/her.

Summary of Evidence

1. The defendant's partial statement 1.1.

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