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A Case about Infringement upon Trade Secrets (case of trade secret infringement)
被告人堀茂侵犯商业秘密案
【法宝引证码】

A Case about Infringement upon Trade Secrets (case of trade secret infringement)
(case of trade secret infringement)
被告人堀茂侵犯商业秘密案

A Case about Infringement upon Trade Secrets

 

被告人堀茂侵犯商业秘密案

BASIC FACTS 
Defendant: Hori Yutaka.In October 1994, with joint investments, Mikuni Corporation (Japan) and Sichuan Xiguang Industry (Group) Co., Ltd. founded Chengdu Mikuni Company, a joint venture producing and selling carburetors for engines and relevant products. Secondary air valves were featured products of Chengdu Mikuni Company. From May 21, 1999 to September 1, 2004, the defendants, Hori Yutaka (of Japanese nationality), Zhou Yong, Liu Fagang, and Shen Qian held the posts of General Manager, Supervisor of the R&D Branch of the R&D Section of the Technical Support Department, Supervisor of the Manufacturing Technical Branch of the Equipment Section of the Manufacturing Department, and interpreter for Hori Yutaka respectively in Chengdu Mikuni Company. During his service as General Manager, Hori Yutaka directly kept the drawings i.e. the trade secrets as alleged by Chengdu Mikuni Company. Zhou Yong and Liu Fagang were also accessible to drawings concerning secondary air valves of Chengdu Mikuni Company during their services. In September 2004, Hori Yutaka was transferred back to Japan by Mikuni Corporation. Before leaving for Japan, Hori Yutaka agreed with the defendant, Lei Jianping, that they would establish Jiangmen Kemei Machinery & Electronic Co., Ltd. (hereinafter referred to as “Kemei Company”). According to their agreement, Lei Jianping provided funds and served as the actual controller, and would be responsible for product sales. Besides, Hori Yutaka recommended Zhou Yong, Liu Fagang, and Shen Qian who were staff of Chengdu Mikuni Company to Lei Jianping and asked the latter to hire the three in Kemei Company. From September to December 2004, Shen Qian, Zhou Yong, and Liu Fagang quitted Chengdu Mikuni Company successively, participated in preparations for the establishment of Kemei Company, and held posts there after it was registered and founded. In May 2005, Kemei Company started the production and sale of secondary air valves. During this period, Hori Yutaka instigated Shen Qian to ask Liu Fagang who had not quitted Chengdu Mikuni Company yet to take photos of secondary air valves of Chengdu Mikuni Company secretly and sent such photos back to Hori Yutaka by email. Zhou Yong asked Zhao Zehui, a technician of Chengdu Mikuni Company, to post parts of secondary air valves to Kemei Company. Hori Yutaka duplicated the technical drawings of secondary air valves within his access when he worked in Chengdu Mikuni Company to Zhou Yong. Based on the aforesaid materials, Zhou Yong drew drawings of secondary air valves in Kemei Company. According to such drawings, Kemei Company produced and sold a total of 841,084 sets of AV01 secondary air valves. 1994年10月,日本三国株式会社与四川西光工业(集团)公司共同投资成立中外合资企业成都三国公司,生产销售发动机用化油器及相关产品,二次空气阀是成都三国公司的主打产品。1999年5月21日起到2004年9月1日,被告人堀茂(日本籍)、周勇、刘发刚、沈倩在成都三国公司分别任总经理、技术部开发课开发系系长、生产部设备课制技系系长、堀茂的日语翻译及相关工作。堀茂在担任总经理期间,直接保管成都三国公司所主张构成商业秘密的相关图纸,周勇、刘发刚在任职期间均能接触到成都三国公司关于二次空气阀的图纸。2004年9月,堀茂被日本三国株式会社调回日本,在回日本之前,堀茂与被告人雷剑平商谈另行设立江门科美机电有限公司(以下简称科美公司),决定由雷剑平出资并作为实际控制人并负责对产品销售,堀茂向雷剑平推荐成都三国公司员工周勇、刘发刚、沈倩到科美公司任职。2004年9月至12月,沈倩、周勇、刘发刚先后从成都三国公司辞职,参与科美公司的筹备,并于科美公司注册成立后,在该公司任职。2005年5月,科美公司开始生产销售二次空气阀。其间,堀茂通过沈倩要求尚未辞职的刘发刚将成都三国公司的二次空气阀设备偷拍下来,通过电子邮件发送给堀茂;周勇让成都三国公司的技术员赵泽辉将二次空气阀相关零件邮寄到科美公司;堀茂将在成都三国公司任职期间掌握的二次空气阀技术图纸复制给周勇。周勇根据上述资料在科美公司绘制出二次空气阀图纸。科美公司根据该图纸制造并销售二次空气阀AV01型841084台。
JUDGMENT 
The Intermediate People's Court of Chengdu City held that the defendants, Hori Yutaka, Lei Jianping, Zhou Yong, Liu Fagang, and Shen Qian, in violation of Chengdu Mikuni Company's regulations on keeping trade secrets, stole, disclosed, and used the trade secrets within their access, causing a great damage, 2,355,035.2 yuan, to Chengdu Mikuni Company. Their acts have constituted the crime of infringement upon trade secrets. Therefore, Hori Yutaka was sentenced to a fixed-term imprisonment of two years and five months and a fine of 500,000 yuan; Lei Jianping, Zhou Yong, and Liu Fagang were sentenced to a fixed-term imprisonment of two years with a three-year reprieve and a fine of 400,000 yuan respectively; and Shen Qian was sentenced to a fixed-term imprisonment of one year with a two-year reprieve, and a fine of 100,000 yuan. After this judgment was announced, Hori Yutaka and the others filed appeals against it. Upon trial by the Higher People's Court of Sichuan Province, their appeals were rejected and the original judgment was sustained.

 成都市中级人民法院认定,被告人堀茂、雷剑平、周勇、刘发刚、沈倩违反成都三国公司有关保守商业秘密的要求,盗窃、披露、使用其所掌握的商业秘密,给成都三国公司造成2355035.2元的重大损失,其行为均构成侵犯商业秘密罪,依法对堀茂判处有期徒刑二年零五个月,并处罚金50万元;判处雷剑平、周勇、刘发刚有期徒刑二年,缓刑三年,并处罚金40万元;判处沈倩有期徒刑一年,缓刑二年,并处罚金10万元。宣判后,堀茂等人不服,提出上诉。四川省高级人民法院经审理,依法驳回各上诉人的上诉,维持原判。
 

     
     
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