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(영문) 대법원 2013.08.22 2012도2351

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds indicated in its reasoning, deemed the instant facts charged against Defendant A and B [the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) relating to the K server bar code against Defendant B”

We affirm the judgment that the defendant is guilty of violation of the principle of free evaluation of evidence against logical and empirical rules, and there is no violation of the legal principles on trade secrets under the Unfair Competition Prevention Act, criminal intent under the Unfair Competition Prevention Act, and criminal relation under Article 18 (1) and (2) of the Unfair Competition Prevention Act, and violation of the principle of direct examination.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is acceptable to maintain the first instance judgment that acquitted Defendant B, E, and F of the instant facts charged on the ground that there was no proof of the crime, and Defendant F’s occupational breach of trust. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on occupational breach of trust.

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