The judgment below

The part against Defendant B, the part against Defendant A, and the part not guilty.

1. Summary of grounds for appeal;

A. In the judgment of the court below on the charge of occupational breach of trust among the guilty charges of Defendant A (1) and misunderstanding of the legal principles, most of the 48 materials recognized as the victim O Co., Ltd. (hereinafter “victim Co., Ltd.”)’s trade secrets or major business assets are related to a long-term type of vehicle, which can be easily confirmed by the vehicle in the market, and thus, there is no value as a trade secret or main business asset.

In addition, even after the withdrawal of the materials that Defendant A possessed on duty, the materials were possessed by Defendant A without recognizing them, and the Defendant A had the intention of occupational breach of trust.

subsection (b) of this section.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts or by misapprehending the legal doctrine.

(B) As to the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”) among the guilty portion, the data related to the fire-fighting of vehicles by the damaged company Defendant A and the data related to the change of the manual are already known to the public, and thus, it does not have an independent economic value nor did it be managed as confidential by the injured company. Thus, these data do not constitute trade secrets.

In addition, the fact that the defendant A received the data from the technical preference of the previous results of the work, and there was no intention to obtain unjust profits or to inflict losses on the business secret holder.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts or by misapprehending the legal doctrine.

(2) The sentence sentenced by the lower court to Defendant A (one year of imprisonment, two years of suspended execution, confiscation) is too unreasonable.

B. Defendant B (1) As to the crime of occupational breach of trust among the guilty portion (A) of mistake of facts and misapprehension of legal principles, Defendant B.