2. In light of the following facts: (a) the Defendant’s financial position or the circumstances at the time of retirement, etc., it appears that the Defendant was not merely stored for the purpose of simply keeping the number of files containing the victim’s trade secrets; (b) there were circumstances in which the latter competition company attempted to contact with the Defendant; and (c) if the Defendant had leaked the said files, it could have caused serious damage that could not be caused to the victim if the said files were leaked to the latter competition company; and (d) the issue is somewhat inappropriate.

However, the sentencing of the court below seems to be appropriate in full view of the following circumstances: (a) there has been no particular damage until now due to rapid response of the victim; (b) there is little possibility that the victim might be leaked in the future; (c) the defendant led to confession and reflect on the crime of this case; and (d) the defendant's age, character and conduct, family environment, and criminal record relation

3. In conclusion, since the prosecutor's and the defendant's arguments are without merit, all appeals by the prosecutor and the defendant are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.