The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The data revealed by the Defendant by mistake of fact is not trade secrets, and thus, the Defendant does not constitute a crime of violating the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of trade secrets).

The grounds for appeal submitted by the defense counsel of the defendant include several arguments that seem to dispute the recognition of facts by the court below, but the defense counsel of the defendant clearly stated that all of the grounds for sentencing are grounds for sentencing, except dispute over business secrecy on the fifth trial date.

B. The sentence sentenced by the lower court (one year of suspended sentence in six months) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 9, 2011, the Defendant sent the Defendant’s e-mail (L) files to the Defendant’s wife to refer the Defendant’s business confidential files, such as the Defendant’s e-mail, from around September 19, 201 to around September 19, 201, to the victim E (hereinafter “victim”) office located in Mapo-gu Seoul International Building 7 749, to the damaged company’s trade secrets, which explain the entire composition and flow of the settlement system as the trade secrets of the victimized company, and then transmitted each of the files to the Defendant’s wife MN andO for reference to the Defendant’s business affairs.

Accordingly, the defendant disclosed the business secrets of the victimized company for the purpose of obtaining unjust profits or causing damage to the victimized company.

B. The lower court found the Defendant guilty of this part of the facts charged on the ground of the evidence identical with its reasoning.

(c)

(1) The "business secrets" under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act is not known to the public and has independent economic value.