A defendant shall be punished by imprisonment for not less than eight months.

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

[Presumption Facts] The Defendant was employed in D on December 15, 2008 and was in charge of the business of purchasing design materials, assisting the order of outsourcing, design of machinery and drawing drawings, etc. However, on July 10, 2016, the Defendant was employed in E, who was a cooperation company of the above company on January 2, 2017, and had been employed until now.

The victim F is the representative of D (hereinafter referred to as “victim”) and the victim company is called as “total mixing feed and TMR” since its establishment in 1984, and the victim company refers to a stable feed that combines research fees and the agricultural and fishery feed (or commercial mixed feed) at an appropriate rate to meet the nutritional demand level. As a specialized company for feed machinery and factory facilities, “TMR feed manufacturing facilities and parts related to the biochemical production facilities, etc. related to the facilities, and specifications containing information about SPP as to parts or machinery, etc. contained in the facilities (hereinafter referred to as “business materials of this case”) are important assets that were not disclosed to many and unspecified persons and that the damaged company has made efforts and significant business costs.

[2] A person is obligated to keep confidential information about information obtained while in office and return all stored media in which the above information is recorded when he/she retires. If he/she fails to return it, he/she is obligated to discard it in light of the duty to incidental to the employment contract or the good faith principle.

Nevertheless, the Defendant, in violation of the above occupational duties, would have been utilized after leaving his job from the damaged company, and on May 9, 2016, at the office of the victimized company located in Kimpo-si, Kimpo-si, the “the instant business data” as indicated in the attached Table, which falls under the major business assets of the victimized company, such as design drawings and files concerning the machinery and equipment of feed manufacturing.