All appeals by the Defendants and the Prosecutor are dismissed.

Summary of Grounds for Appeal

The Defendants’ mistake of facts and misapprehension of legal principles are most of the materials listed in paragraphs (1) and (2) of the Criminal Code when the Defendants take out, without indicating the confidential documents as promotional materials, published materials, and education materials. The materials disclosed on the Internet, the materials distributed to the customers in seminars, the materials identical to the products manufactured and sold in advance by other companies, shareholders or securities companies, the materials disclosed to the victim’s company, customer companies other than the victim’s company materials, patents, exhibition books or papers, and even distributed on the victim company’s homepage. Thus, the materials already disclosed by patent cannot be deemed as a major business asset because they failed to satisfy the requirement of economic usefulness, and the documents of the management strategy in 2011 are not a major business asset.

② Since the Defendants are not a person who administers the business of the victim company after the Defendants retired from the victim company, they cannot be the subject of occupational breach of trust against the victim company.

Nevertheless, the lower court erred by misapprehending the legal doctrine as to the subject of occupational breach of trust, on the ground that the Defendants retired from the victim company and joined H, and used some of the above materials to make Hflass product specifications files, etc., and that recognized the lower court as occupational breach of trust.

③ At the time of leakage of the instant materials, the Defendants entered H and did not intend to use the said materials for the development of H H’s flass products, and H also did not receive the Defendants for the purpose of using the victim’s flass technology in sales and technical aspect. H’s flass products are not identical or similar to the victim’s flass products and their structure or function. Therefore, they were produced using the instant materials.