Defendant shall be punished by imprisonment with prison labor of eight months and fine of fifteen thousand won.

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles ① In relation to the violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Confidential Information, etc.), Defendant F (hereinafter “victim Company”).

JB.xlsx files acquired from K retired from the lower judgment are practically published materials and have not been managed as trade secrets by considerable effort of the victim company. Accordingly, the aforementioned files are governed by the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

(2) As to the point of occupational breach of trust as stated in the judgment of the court below, the files of the court below in the judgment of the court of first instance are virtually disclosed, and are not produced by the victim company with considerable time, effort, and expenses, and thus there is no economic value or is extremely low. Therefore, it cannot be deemed as a major business asset to the extent that the defendant can gain competitive benefits through the use of the files. (3) As to the point of occupational breach of trust as stated in the judgment of the court of second instance, the defendant merely provided counseling or advice to students and received money as a case of giving counseling or advice, and did not receive the above money as a consultation fee, even if the above money is a consultation fee to study abroad, and thus there is no damage to the victim company. (2) The judgment of the court below of unfair sentencing (No. 1: imprisonment of August 8, 200, fine No. 15 million won) is too unfair.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles [Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of business secrets, etc.)], the files that the first instance court determined that they were not trade secrets are materials that can not be easily known to the general public due to the school support and pass-up status of a specific student drawn by a victim company through studying consultation.