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(영문) 대법원 2020.06.11 2019도19071
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant B, the lower court convicted Defendant B of occupational breach of trust, concealment of evidence, each violation of the Unfair Competition Prevention and Trade Secret Protection Act (excluding the part not guilty in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the meaning and use of trade secrets in the crime of violation of the Exclusionary Rule of Illegal Collection Evidence and Unfair Competition Prevention and Trade Secret Protection Act (such as divulgence of trade secrets)

2. As to the grounds of appeal by Defendant C, the lower court upheld the first instance judgment convicting Defendant C of each violation of the Unfair Competition Prevention and Trade Secret Protection Act (excluding the part not guilty in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, by misapprehending the legal doctrine on the meaning and use of trade secrets, the duty of caution supervision, etc. in the crime of violation of the Unfair Competition Prevention and Trade Secret Protection Act, or by omitting necessary judgment.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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