The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Regarding Defendant 1’s misunderstanding of facts or misunderstanding of legal principles, data stored in the file recorded in the separate sheet (hereinafter “instant data”) regarding the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Trade Prevention and Trade Secret Protection Act”) does not constitute trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Prevention Act”), since they are not known publicly or have independent economic value, and have not been maintained as confidential by considerable efforts.

amounts to family trade secrets

Even if the data of this case were to be kept in a personal computer due to the need for business as an employee, and the content thereof was already well-founded. Thus, the Defendant’s act of simply removing the above data without permission does not constitute “acquisition” of trade secrets.

B) On the part of occupational breach of trust, (i) the instant materials were taken out simply on the ground that the Defendant was referring to the attachment and form of the materials directly made by him, and there was no intention in breach of trust, and there was no intention in obtaining unjust profits or to inflict damage on the victim’s company. It is unclear whether the Defendant was a person in charge of the business of a certain victim, and what the Defendant’s act was the victim. (ii) The punishment sentenced by the lower court of unfair sentencing (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too heavy.

B. According to the prosecutor's testimony of mistake X and Y, all the data stored in each file Nos. 14, 16, and 17 of the annexed list meet the requirement as a trade secret under the Unfair Competition Prevention Act. In light of the fact that the defendant disclosed the above files to the outside at the time when the severance from employment to the victim company became final and conclusive, each of the above files should be considered.