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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) D and A’s e-mail attached to the e-mail sent by the Defendant, D and C’s test results related to DARC drawings and TSC processes are U.S. CorporationO (hereinafter “O”).
(2) Even if the Defendant received each of the above attached files by e-mail, the trade secret is not “acquisition” because he was unaware of the fact of delivery and did not read e-mail.
3) Since the Defendant did not receive e-mail No. 1 No. 21 of the e-mail attached to the lower judgment, the Defendant did not obtain the test results related to the TSC process, which is an attached file. 4) The Defendant did not have “the purpose of obtaining unjust profits or causing damage to the company” and “the intention to acquire trade secrets.”
B. In light of the following: (a) the Defendant was the primary offender of unreasonable sentencing; (b) there is no room for using the file attached to the instant e-mail in light of the Defendant’s status and authority in the Defendant’s company; (c) there was no conspiracy of conspiracy with other co-defendants of the lower court; (d) some of the trade secrets at issue in the Defendant’s computer were stored extremely on the Defendant’s computer; and (e) there was no room for using the file attached to the instant e-mail, such as perusal, etc.;
2. Judgment on the defendant's assertion of mistake of facts
A. The summary of the facts charged and the judgment of the court below 1) The summary of this part of the facts charged are as follows. The Defendant is a S Co., Ltd. (hereinafter “S”) around December 1994.
A) A R Co., Ltd. (hereinafter referred to as “R”) established for the purpose of the manufacture, sale, etc. of semiconductors from March 16, 2009 to March 15, 2009 after retirement from office around March 15, 2009.
D) A P Co., Ltd. (hereinafter referred to as “P”) as a subsidiary of anO established for the purpose of developing equipment to manufacture semiconductors and manufacturing and selling semiconductors around July 2000.
shall become a member of the Board.