The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

1. Summary of grounds for appeal;

A. As to Defendant A1’s violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets outside the country, etc.), the Defendant deleted important values of the file of the instant authorized drawings under the direction of the representative of the victimized company, and sent the said drawings to G for business purposes. Thus, even though there was no intention to divulge the trade secrets of the victimized company arising from the file of the said drawings, the lower court found the Defendant guilty of this part of the facts charged.

B) As to the violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of business secrets, etc.), ① the Defendant sent a file of the visible valve drawings of this case to the Defendant B in order to obtain advice from the upper Defendant B. ② Although the file of the visible valve drawings of this case does not constitute trade secrets, the lower court’s judgment which found the Defendant guilty of this part of the facts charged against the Defendant was erroneous in misunderstanding of facts. 2) The lower court’s punishment against the Defendant of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. Defendant B (1) 1) misunderstanding of facts and misunderstanding of legal principles did not constitute trade secret since the file of the visible valves drawings of this case received by the Defendant from the Defendant Defendant A was not equipped with non-officialness, economic usefulness, and confidentiality, but there was an error of misunderstanding of facts and misunderstanding of legal principles in finding the Defendant guilty of the facts charged in this case. 2) The lower court’s punishment (one year of imprisonment) against the Defendant of unfair sentencing is too unreasonable.

2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants

A. The Defendants of the judgment of the court below and the defense counsel of the court below

5. Each of the data mentioned is known to the public or has no independent economic value, and thus, the Unfair Competition Prevention and Trade Secret Protection Act.