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(영문) 대법원 2019.06.13 2018도16076

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀국외누설등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the ground that there was no proof of crime as to the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), the Unfair Competition Prevention Act (Leakage of Trade Secrets, etc.), the Unfair Competition Prevention Act (Leakage of Business Secrets, etc.

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 bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on trade secret “trade secret” under the Unfair Competition Prevention Act and “major asset for business purpose”

On the other hand, the prosecutor appealed about the larceny of the judgment below, but there is no statement in the petition of appeal or the appellate brief on the grounds of objection.

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