The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

No. 1, 2, 7, 13 of seized evidence.

1. Reasons for appeal;

A. Defendant 1) The attached list of crimes (1) through (3) acquired by the Defendant by mistake of fact does not constitute a trade secret of the victimized company, as it does not meet the business secret requirement.

2) Legal doctrine misunderstanding A) “F (hereinafter “F”)” is a new technology certified, but the term of validity expires after August 23, 2014, and thus, the validity of certification becomes null and void. As such, at the time of committing an offense indicated in the facts charged, the Act on Prevention of Divulgence and Protection of Industrial Technology (hereinafter “Industrial Technology Protection Act”) cannot be applied.

B) As at the time of August 2012, “AO” was used as a common function in all the closed images displayed around the world, “the method of detection” is merely a new technology that had already been certified by using the permissible point of technical examination, although it does not correspond to the new technology at that time. C) The term “biopulmonary coefficient” is merely a “new technology applied product” under the Industrial Technology Innovation Promotion Act, and is not a “new technology” or “industrial technology” under the Industrial Technology Protection Act, and thus does not constitute a crime of violating the Industrial Technology Protection Act.

3) The sentence of the lower court (one year and two months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the public forum room is a person who had been employed as a research warden in the victim C Co., Ltd. (Representative E; hereinafter “victim”) located in Seongdong-gu Seoul Metropolitan Government from September 2009 to June 15, 2016.

In August 23, 2012, the injured company has been certified as a new technology by Article 15-2 of the Industrial Technology Innovation Promotion Act for F, and on March 13, 2013, by the Minister of Knowledge and Economy, the “F” coefficient (G, H, which is the product applied by the actual realization of F,” which is the product applied by the Minister of Knowledge and Economy.