부정경쟁방지및영업비밀보호에관한법률위반(영업비밀국외누설등)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that each sentence (for defendant A: one and half years of suspended execution, fine of KRW 15 million, Defendant B: one year of suspended execution in one year and six months of imprisonment; two years of suspended execution in one year of imprisonment; fine of KRW 10 million in one year of suspended execution) that the court below sentenced the Defendants is too unfasible and unfair.
2. It is recognized that the Defendants committed not only the victimized company but also the act of undermining the industrial competitiveness of the country by divulging the trade secrets of the victimized company abroad, and that the crime is bad, strict punishment is required, and that they did not agree with the victimized company.
However, it is also recognized that the Defendants are both aware of the instant crime and reflects on the fact that the actual Chinese company's "F" did not produce the products similar to D, one of the main products of the victimized Company, and still did not actually cause substantial damage to the victimized Company. The Defendant A deposited KRW 50 million in the victimized Company in the original instance, Defendant A did not have any criminal record other than the one imposed on the victimized Company once a fine is imposed on this paper, Defendant B did not have any criminal record, Defendant B did not have any criminal record, Defendant B had a family member to support the Defendants, and the Defendants could have a time to care through a prison life for about three months in the original instance.
In addition, in full view of the various circumstances, including the Defendants’ age, character and conduct, environment, motive and background of the crime, means and consequence, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that each sentence imposed by the lower court is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.