The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles and improper sentencing)

A. misunderstanding of facts or misapprehension of legal principles 1) The Defendant’s taking out of the Dabro projector No. 2 (hereinafter “victim”) by the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) that did not have any intention to acquire property profit or incur loss, and there was no fact that the Defendant or a third party did not obtain any property profit, nor did the victim Co., Ltd. inflict any property loss on the victim Co., Ltd.

In addition, since the Defendant had no intent to obtain property benefits by using the bar code of this case at the time of the withdrawal of the victimized company, and there was no intention to inflict damage on the victimized company, the intention of breach of trust on duty cannot be recognized.

2) The instant bar code, which does not constitute trade secrets, is the same or substantially similar to a program disclosed to the public or a program disclosed by the damaged company, and does not constitute trade secrets under the Unfair Competition Prevention Act.

3) The Defendant, who was unable to use the purpose of infringement and the specific use of trade secrets, proposed a consultation on the use of the instant soft code to create a land aptitude assessment program, was unable to obtain permission for use, and subsequently suspended development, and did not thereafter use the soft code and produce any form of use. As such, the Defendant did not have any purpose or specific use of trade secrets infringement, and thus, the Defendant did not constitute a violation of the Unfair Competition Prevention and Trade Secret Protection Act, since there was no purpose or specific use of trade secrets infringement.

B. The sentence sentenced by the first instance court (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts or misapprehension of the legal doctrine 1) In full view of the facts and circumstances as indicated in its reasoning, the first instance court’s determination on the acquisition of property benefits and the occurrence of losses, and the intent to commit occupational breach of trust is based on the evidence duly adopted and investigated. ① The Defendant around January 2012.