All of the Prosecutor and the Defendants’ appeals are dismissed.

1. Summary of grounds for appeal;

A. If the Defendants were to be in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) (hereinafter “victim”) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Co., Ltd.”) did not provide the Defendants with trade secret data related to the semiconductor machine board to E Co., Ltd. (E; hereinafter “Japanese E Co., Ltd.”), the Japanese E Co. did not place an order for the electrical inspection of the semiconductor machine board to the Defendants. Thus, the sales amount of KRW 522,306,575 in total as stated in the H Settlement Data sheet in 2015 should be considered as compensation for the provision of trade secrets to the victimized Co., Ltd.

Thus, since the profits acquired by the defendants in return for the crime of this case exceeds 50 million won, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall apply to the defendants

B) Each of the materials listed in the table of crime Nos. 4-1, 10, 14, and 16 attached to the judgment of the court below is a material that has not been disclosed to many and unspecified persons because of the fact that each of the above materials was in violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of Trade Secrets, etc.) and the Unfair Competition Prevention and Trade Secret Protection Act (the disclosure of trade secrets, etc.) was not disclosed to the public on the financial statements. Since a competitor can take advantage of competition with the victimized company upon obtaining it, it shall be deemed that it constitutes a trade secret or a major business asset. 2) Each of the types of punishment sentenced to the judgment of the court below of unfair sentencing (the imprisonment of Defendant A: one year and six months; three years of suspension of execution;

B. Defendants 1) misunderstanding of facts or misunderstanding of legal principles regarding the violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Trade Secrets, etc.) (hereinafter “Defendant”) (hereinafter “Defendant”) information, such as the unit price, quantity rate, and quantity and improvement of the semiconductor machine board, which is contained in the e-mail released by Defendant A, is generally known in the same industry.