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(영문) 대법원 2017.09.26 2017도8752
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A and B’s appeal in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant materials indicated in the lower judgment constituted a principal business asset of the IB, and that the said Defendants were guilty of occupational breach of trust among the instant facts charged, and there were no errors by misapprehending the legal doctrine on occupational breach of trust by failing to exhaust all necessary deliberations.

2. Examining the reasoning of the lower judgment’s appeal in light of the records, including the evidence duly admitted, the lower court, based on its stated reasoning, proven that the instant materials constitute the business secrets of the IFG merely based on the evidence submitted by the Prosecutor, was beyond a reasonable doubt.

It is difficult to see

In light of the facts charged of this case, it is just to determine that the data of this case from among the facts charged of this case constitutes trade secrets as the violation of the Unfair Competition Prevention and Trade Secret Protection Act (i.e., leakage of trade secrets) against Defendant A, B, and C and the violation of the Unfair Competition Prevention and Trade Secret Protection Act against Defendant D as to Defendant D (including the acquittal of reasons). In addition, there is no error by misapprehending the fact that the data of this case exceeded the limit of free ex post facto proof in violation of logical and empirical rules.

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

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