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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. In the facts charged of this case, the facts charged of this case alleged that the facts charged were not specified 1) misunderstanding of facts or misunderstanding of legal principles does not indicate properly the basic information creation on the Nogymp drawings owned by the victim DD corporation, but does not specify at all what information about the Nogym plans constitutes trade secrets. Nevertheless, the judgment below convicting the Defendant on the basis of the facts charged of this case misunderstanding of legal principles as to the specification of the facts charged. 2) The Nogym plans owned by the victim D corporation, claiming that the information used by the Defendant is not trade secrets, has no independent technical information to protect the Defendant as trade secrets, and the Nogym drawings were not managed as confidential
Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts, which judged that the Nogrgrgrgrgrgrgrgral drawing constitutes trade secret
B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. Article 254(4) of the Criminal Procedure Act, which requires a court to specify the facts charged when instituting a public prosecution for a mistake of facts or misapprehension of legal principles, provides that the purpose of Article 254(4) is to ensure the efficiency and prompt trial by limiting the object of the trial to the court, and at the same time to facilitate the exercise of the defendant’s right to defense by specifying the scope of defense. Thus, the information alleged as a trade secret in the case of violation of the Unfair Competition Prevention and Trade Secret Protection Act, which is at issue, where unjust profit is obtained or the trade secret was divulged to a third party or used for the purpose of causing loss to the company.