부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
All appeals are dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding the prosecutor's grounds for appeal
A. The lower court, on the grounds indicated in its reasoning, did not separately determine that the portion of the gold-type “Machine 90Doool 90do dwg” under Article 1 of the Unfair Competition Prevention and Trade Secret Protection Act, among the facts in violation of the Unfair Competition Prevention and Trade Secret Protection Act (e.g., leakage of trade secrets) on the grounds stated in the petition of appeal by the prosecutor as “in whole,” on the grounds stated in its reasoning. However, the lower court did not separately determine the grounds for appeal submitted by the prosecutor within the deadline for submitting the legitimate grounds for appeal, on the grounds stated in its reasoning.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the scope of judgment at the appellate court or by omitting judgment.
B. The lower court affirmed the first instance judgment that acquitted Defendant A of the charge of occupational breach of trust on the ground that there was no proof of crime regarding Defendant A’s occupational breach of trust, on the grounds indicated in its reasoning.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, 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 intentional breach of duty in the course of occupational breach of trust.
(c)
The judgment of the court below on the acquittal portion among the facts of violation of the Unfair Competition Prevention and Trade Secret Protection Act (including the leakage of trade secrets) against the defendants, on the grounds as stated in its reasoning, is the fact of violation of the Unfair Competition Prevention and Trade Secret Protection Act (such as the leakage of trade secrets) against the defendants, which constitutes a member for a lower time among the facts of violation of the Unfair Competition Prevention and Trade Secret Protection Act (the disclosure of trade secrets) against the defendants.