Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 A ⑴ 사실오인 내지 법리오해 ㈎ 제1심 판시 범죄일람표 ⑴, ⑵ 기재 각 자료들(이하 ‘이 사건 자료들’이라고 한다)은 피해자 주식회사 현대자동차(이하 ‘피해 회사’라고만 한다)가 상당한 노력을 기울여 영업비밀로 유지한 자료들이 아니다.

Therefore, the instant materials do not constitute “trade secret” under Article 2 subparag. 2 of the Unfair Competition Prevention and Trade Secret Protection Act, for lack of “confidentiality”.

㈏ 피고인 A은 이 사건 자료들의 영업비밀성에 대한 인식이나 영업비밀을 침해한다는 고의가 없었고, 위 자료들을 취득하거나 사용함으로써 부정한 이익을 얻거나 피해 회사에 손해를 입힐 목적도 없었다.

The first instance punishment (ten months of imprisonment and two years of suspended execution) on Defendant A of unreasonable sentencing is too unreasonable.

B. The prosecutor's first instance court's sentence against Defendant A and the sentence against Defendant B and C (one year of imprisonment, two years of suspended execution, ten months of imprisonment, and two years of suspended execution) are deemed to be too uneasy and unreasonable.

2. Judgment on the mistake of facts or misapprehension of legal principles by Defendant A

A. (i) The term "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act means the production method, sale method, and other technical or managerial information useful for business activities, which have been maintained in secret by considerable effort, as it is judged that the trade secret is not a trade secret due to lack of secrecy control.

In addition, the phrase “contributed by considerable effort” is a person who has either indicated or notified that the information is confidential and who has limited access to the information or access to the information.