A. The prosecutor of the grounds of appeal against Defendant A prosecuted Defendant A as a comprehensive crime of divulgence of the facts of the progress of the Chinese G project and the supply conditions discussed in the process of the project by Defendant E Co., Ltd. (hereinafter “Appellant”) and the Chinese H project and the supply conditions discussed in that process on three occasions, the lower court determined that information 1, 2, and 3 cannot be deemed as a trade secret, etc. on the ground that the complainant’s arbitrary specification of information 1, 2, and 3 as one information unit cannot be deemed as a trade secret, etc. on the grounds that the complainant’s Chinese G project and the supply conditions discussed in that process were either erroneous facts or erroneous in understanding the legal principles as to the number of crimes.

B. Although Defendant B’s ground of appeal against Defendant B constituted a trade secret or a major business asset of Defendant B, the lower court found Defendant B not guilty on the ground that it erred by misapprehending the facts or by misapprehending the legal doctrine.

2. Determination

A. Determination as to the grounds for appeal against Defendant A 1) On February 1, 2007, the Defendant entered the accusation company, the manufacturer of a portable device for industrial use, and was engaged in the sales of a portable device to Asia as the vice head of the overseas business team. On March 31, 2010, the Defendant, as the head of the overseas business team, was mainly engaged in the sales of a portable device against Asia. On March 31, 2010, the Defendant retired from the accusation company, and around April 19, 2010, the Defendant Company F (hereinafter “F”).

There shall be the director in charge of the overseas business team in Europe who is employed in the European Union.

No one shall acquire or use trade secrets useful for the company or divulge them to a third party for the purpose of obtaining unjust profits or causing loss to the company, and the defendant, as the vice head of the overseas business team of the accused company, prepares a written oath that the trade secrets of the company will not be disclosed to a third party even after retirement, and even after retirement, the defendant shall perform his/her duties.