Name: Kwak, Byung Ki
Occupation: employee of Sam Hong Sa Co., Ltd.
Q: Does the suspect have any job experience?
A: Before graduation, I worked for Sam Hong Sa at its third export industrial complex in Kasan-dong, Kumchun-ku, Seoul starting from December 22, 1997. I was in charge of designing miniature locomotives in the Modeling Division, along with about 13 other employees.
Q: Does the suspect have a criminal record?
A: Not relevant.
Q: Does the suspect know Lee, Se Yong, Lee, Chun Sik, Choi, Dae Yul, and Kim, Sun Chul? If so, what is the nature of the relationship?
A: I became acquainted with them upon joining Sam Hong Sa’s Modeling Division on December 22, 1997. Lee, Se Yong is president of the company, Lee, Chun Sik is senior executive of Production Team 2, Choi, Dae Yul is senior executive of Planning and Coordination Office, and Kim, Sun Chul is head of the Designing Team. No other relatives.
Q: Does the suspect know suspects Cho, Sung Won, Ahn, Sun Gap, Sim, Heung Bo and Jeung, Bok Dong?
A: I have no idea who Cho, Sung Won is, and as for the others: Ahn, Sun Gap was a manager in Sam Hong Sa Modeling Division until sometime in early 1998 when he resigned; Sim, Heung Bo worked in the same division until July 1999 when he also resigned; and Jeung, Bok Dong is currently an assistant manager in the same division.
Q: What was the suspect’s job at Sam Hong Sa?
A: Sam Hong Sa is divided into 4 divisions: Modeling, [not translated], Motor, and GS. I worked in the Modeling Division; more specifically, my job was to transform miniature locomotive data to three-dimensional configurations with the use of computers and make plastic molds for sample production before making metal molds.
Q: Is it true that the suspect transferred miniature locomotive drawings to Sim, Heung Bo?
A: Yes, it is.
Q: Which drawings were transferred at what time, place and for how much?
A: 1) On January 20, 2000 morning inside the Modeling Division office of Sam Hong Sa export industrial complex 3 in Kasan-dong, Kumchun-ku, Seoul, with the use of office computers, I transferred via email the drawing of miniature locomotive ‘A AUX TENDER (type 025)’ to DJ@Chollian.net (Sim, Heung Bo’s email address), of which afterwards, I revised and printed the drawing, and handed it over around 15:00 in a coffee shop near Ewha University Hospital in Dongdaemun-ku, Seoul, for 500 thousand won. 2) On February 7 of the same year, I sent by email the drawing of miniature locomotive ‘BIG BOY AUX TENDER (type 026)’ to the same address at my house, of which afterwards, I revised and handed it over around 15:00 at the same coffee house for 400 thousand won. 3) On the 16th of the same month, around 19:00, I emailed the drawing of miniature locomotive SCALE PRR T-1(4-4-4-4) to the same address via Outlook Express, but was not compensated this time.
Q: Give us the full account of how you came to transfer the drawings.
A: Regarding case 1), after I left Sam Hong Sa Sim, Heung Bo who became a manager at KKorea Brass called me to ask if I could design A AUX. TENDER(type 025) for Lionel Corporation, a US company which outsourced its designs. He said compensation would be made accordingly and I accepted. Sim, Heung Bo then emailed me the general drawing of Sam Hong Sa A AUX. TENDER right side view and other data including 015 tender truck, truck ballstar, and windows. I made the drawings based on these materials and sent them to Sim, Heung Bo. The same for case 2). Sim, Heung Bo called me to draw BIG BOY AUX. TENDER as I was finishing drawing 1) and I accepted. Sim, Heung Bo then emailed me data of the general drawing of Sam Hong Sa BIG BOY AUX.TENDER, I made the drawing and emailed them to Sim, Heung Bo. Likewise for case 3). As in the previous two cases, Sim, Heung Bo called me for the general drawing of Sam Hong Sa T-1 design and I sent it via email.
Q: Do all of the three drawings mentioned above belong to Sam Hong Sa?
A: Regarding cases 1) and 2), Sim, Heung Bo gave me a computer diskette with the basic drawings and I completed the drawings at home. I emailed drawing 1) via company computer and emailed drawing 2) from home. Drawing 3) was done by Jeung, Bok Dong, a colleague in the same office, which I secretly sent by email.
Q: Is this that drawing 3) of Sam Hong Sa’s miniature locomotive designed by Jeung, Bok Dong that you sent to Sim, Heung Bo?
(At this point, the Prosecutor shows to the suspect the copy of the drawing by Jeung, Bok Dong, which was submitted by Choi, Jun Yul on January 18, 2000, and files it in the back of this deposition.)
A: Yes, that is correct.
Q: Is this drawing a slight revision of the drawing 3) done at Korea Brass where Sim, Heung Bo works?
(At this point, the Prosecutor shows to the suspect the drawing confiscated from Korea Brass office, and files it in the back of this deposition.
A: Yes, that is the drawing done at Korea Brass based on the data of the general drawing that I sent via email.
Q: Sam Hong Sa planned to sell the miniature locomotive drawing 3) to the US. By handing over this particular drawing to Korea Brass, Sam Hong Sa’s competition, the suspect incurred much damage to Sam Hong Sa. What do you have to say?
A: I am sorry,
Q: Drawing 3) is valued higher than drawings 1) and 2), and so a bigger compensation must have been received. What do you think?
A: Except for the 900 thousand won received for drawings 1) and 2), I was not compensated for sending drawing 3).
Q: The suspect claims that Sim, Heung Bo knew of drawing 3) data when he asked for it. How did Sim, Heung Bo know of this fact?
A: I have no knowledge of that.
Q: It seems that the suspect sent drawing 3) data to Sim, Heung Bo and then asked to be compensated. Is this true?
Q: When the suspect started to work for Sam Hong Sa, he probably promised in writing not to divulge or disclose business secrets. Is this true?
A: Yes, upon joining the company, I promised in writing not to divulge or disclose business secrets. I recall signing the written promise once more afterwards.
Q: Is this the written promise prepared by the suspect?
(At this point, the Prosecutor shows two copies of the written promise to the suspect, and files them in the back of the deposition.)
A: Yes, that is correct.
Q: Did you seek approval from Sam Hong Sa President Lee, Se Yong before or after sending the miniature locomotive drawings to Sim, Heung Bo?
A: No, I should have sought his approval but I secretly sent the drawings because I needed the money for hospital expenses.
Q: As an employee of Sam Hong Sa, the suspect should not have transferred the drawings to Sim, Heung Bo who was working for Korea Brass, Sam Hong Sa’s competition. What do you think?
A: I am sorry.
Q: The suspect transferred confidential drawings and a diskette with business secrets to Sim, Heung Bo in return for a huge compensation and a fixed percentage of profits accrued in the future. Is this true?
A: Except for the already received 900 thousand won, no other compensation was promised or has been received.
Q: Are there any other materials disclosed by the suspect?
Q: Do you have anything else to say?
A: I am sorry. I
made a grave mistake because I could not cover the hospital expenses.