[Local Procuratorate] Shaoxing Shangyu: Prosecuting the case of invasion of business secrets together

The design drawings provided by a company are exactly the same as the design data of another company. The products produced by the two companies are exactly the same. Even the product's defects are consistent. Is it purely coincidental or artificial? On July 22, He Hong, the prosecutor of the People's Procuratorate of Shangyu District, Shaoxing City, appeared in court as a state public prosecutor to support Jingmou and Shen's suspicion of violating business secrets. Zhu Miaoyu, Dean of the People's Court of Shangyu District, served as the chief of the judge.

During the review and prosecution stage, the Attorney General He Hong carefully reviewed the materials of the case, questioned the suspect of the criminal, listened to the opinion of the defense lawyer, comprehensively sorted out the facts and evidence of the case, accurately identified the qualitative sentencing of the case, and interpreted the suspect of the suspect. To be reasonable, the system of confession and confession shall be used for the width system.

Examined by the procuratorial organs:

Company A is mainly engaged in the design, production and sales of automobile accessories, and has cooperative relationships with many auto manufacturers. Company B is also engaged in the production and sales of car accessories, but it will not be designed. In June 2019, Company B obtained the business order of a certain car accessories from the supplier of Company A, and was asked to be the same as the company A product. Later Company B commissioned Company C to design molds, and Company C found the defendant Jingmou (the mold designer of Company A). In the case of knowing the design drawings of the car accessories for the company's business secrets, Jingmou downloaded the design drawings from the company's server, provided it to C, and charged 9,000 yuan benefits. Company C designs the mold to Company B according to the drawings. The defendant Shen, as the head of the technical department of Company B, knew that the business secrets obtained by improper means, still used the mold for production and sales, causing major economic losses of more than 100 million yuan to Company A.

During the trial, the public prosecutor asked the two defendants around the criminal facts of the allegations to proof the evidence on the facts of the case. During the court debate stage, public prosecution opinions were made on the facts, evidence, and social harm of the case. They carried out court education while accusing the facts of the crime, so that the defendant truly recognized the harmfulness of his behavior, sincerely pleaded guilty and regret.

In the end, the court adopted the criminal facts, crimes and sentencing suggestions accused by the procuratorate. Eleven months and fined 40,000 yuan. At the same time, the court also accepted the advice of the procuratorial organs to apply for the prohibition of prohibition. It is forbidden to prohibit Shen and Jing from the date of implementation of the punishment or from the date of parole. Activity.

Source | Shangyu Procuratorate

Edit | Wang Jirong

Review | Wu Ping

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