부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendants (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) 1) The Defendants are victims E-liability companies (hereinafter “victim companies”).
(2) The Defendants’ act of transmitting the business data to e-mail and storing them in the USB was conducted. However, the Defendants’ act did not constitute an act of occupational breach of trust, but did not constitute an act of occupational breach of trust, and there was no intent to commit an act of occupational breach of trust against the Defendants. Even if the Defendants were to have committed an act of occupational breach of trust by divulging the business data of the victimized company, G did not obtain any profit, and there was no fact that the victimized company suffered any loss, and even if the victimized company suffered loss, it does not constitute an act of the Defendants, even if the Defendants’ act was found guilty, the lower court’s sentencing (Defendant A: imprisonment with labor for 10 months and confiscation, Defendant B: imprisonment with labor for 10 months and 10 months, and Defendant C: imprisonment with labor for8 months) is too unreasonable.
(F) 2.2
The court below found the Defendants not guilty of this part of the facts charged despite the fact-finding materials stated in the list of crimes committed by the Defendants (in fact-finding, unreasonable sentencing) constitute trade secrets of the victimized company (in fact-finding). 2) The sentencing of the court below is too unreasonable and unfair.
(F) Determination; 2. Determination
A. If an executive officer or employee of one company, who made a determination of the Defendants’ misconception of facts or misapprehension of legal principles, disclosed a trade secret to a competitor or removed it without permission for the purpose of using it for his own interest, the crime of occupational breach of trust is committed at the time of release, and even if it is not a trade secret, the material was not disclosed to an unspecified number of unspecified persons, and the material was a major business asset produced by the employer