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(영문) 서울중앙지방법원 2020.01.17 2019노723

업무상배임등

Text

The judgment below

Among the guilty parts, each of the data listed in 9 to 11, and 14 is due to the leakage of the crime list.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (the guilty part in the original judgment) and the attached list of crimes (hereinafter “the list of crimes”).

2) Each of the data set forth in Nos. 1 through 4, 6, and 8 is referred to as “victim B” (hereinafter “victim”).

In addition, the Defendant’s transmission of each of the above data for the benefit of the victimized company does not constitute a trade secret or a major business asset. Moreover, the Defendant did not transmit each of the above data with the intent to obtain unjust profits or to inflict losses on the victimized company, or with the intent to commit occupational breach of trust. 2) The lower court’s sentence of unfair sentencing (one of six months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

B. Prosecutor 1) Error of facts (not guilty portion in the original judgment) 5, 9, and 15 as indicated in the table of crime (radio policy-related files), each of the data listed in Nos. 16 and 17 as indicated in the table of crime (total network-related files) constitutes a trade secret or a major business asset of the victimized company. In addition, at the time when the Defendant disclosed the data listed in No. 16 as indicated in the table of crime (total network-related files) the Defendant obtained unjust benefits from the Defendant, or intended to inflict damage on the victimized company, or intended to commit occupational breach of trust. 2) The lower court’s sentence of unfair sentencing is too unreasonable.

2. Before the relevant legal doctrine was amended by Act No. 11963, Jul. 30, 2013

(a) The same shall apply;

The term "trade secret" referred to in subparagraph 2 of Article 2 means any technical or operational information useful for business activities, such as a production method and sale method, which is not known publicly, has an independent economic value, and has been maintained in secret by considerable effort.

The phrase "not known to the public" is not known to many and unspecified persons, such as the fact that the information is contained in the media such as publications.