The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence duly submitted by the prosecutor, the main purpose of the grounds for appeal was to obtain unjust profits from the defendant or to inflict losses on the victim company in relation to the violation of the Unfair Competition Prevention and Trade Secret Protection Act (related to the divulgence of business secrets, etc.), and it can be acknowledged that the defendant had awareness that he would obtain benefit and inflict losses on the victim company. Thus, the court below found the defendant guilty of the facts charged in this case. However, the court below erred by misapprehending the legal principles or acquitted the defendant.

2. The Defendant in the instant facts charged is a person who serves as an agent in the Financial Derivatives of the Victim Co., Ltd. D, Ltd.

No person in violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as "unfair Competition Prevention and Trade Secret Protection Act") shall acquire and use trade secrets useful to the enterprise or divulge them to a third party for the purpose of obtaining unjust profits or causing damage to the enterprise.

Nevertheless, around 09:45 on April 15, 201, the Defendant acquired a trade secret belonging to the victim company by transmitting the whole "business-related brand" where the trade secret data including the victim's excellent customer information, internal reporting profit and loss data, contract status data, lease contract status, etc. stored in the victim's computer stored in the victim's off-site location, E, which is in charge of the victim company's merchandise coupon business at the third-class accounting team office of Gangdong-gu Seoul Metropolitan Government D. D. D. D. branch office, and then, the Defendant acquired a trade secret under the victim company's possession by transmitting it to the outsideboard prepared in advance

B. The Defendant who attempted to commit occupational breach of trust should not acquire, use, or divulge to the outside, matters treated as business secrets, such as excellent customer information on high-amount merchandise coupons handled by the victim company, such as data on internal reporting profit and loss, and data on the current status of contract contractors, while working as an agent for the Korea Business Headquarters as the victim company.