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(영문) 대법원 2019.09.26 2019도10134

업무상배임등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below found that there was no proof of crime as to part of the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) among the facts charged against Defendant A and B, and part of the facts charged against Defendant C as to Defendant C, and acquitted Defendant C on the part of the facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “trade secret” and “use of trade secret” under

The prosecutor appealed all of the part of the judgment of the court below against Defendant A and B's violation of the Unfair Competition Prevention Act (Disclosure of Business Secrets, etc.) and the part of the judgment against Defendant C. However, there is no statement in the petition of appeal or appellate brief about the guilty part.

2. As to the Defendants’ grounds of appeal, the lower court found the Defendants guilty on the grounds stated in its reasoning, except the aforementioned acquittal portion among the facts charged against the Defendants.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “confidentially managed” and “use,” etc. of trade secrets

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.