The prosecutor's appeal is dismissed.

1. The decision of the court below which acquitted the defendant on the ground that the information and negotiation price of the victim company's partner company acquired from I and transmitted to H constitutes trade secrets, is not trade secrets. The decision of the court below is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged [basic facts] C Co., Ltd. (hereinafter “victim Co., Ltd.”) is a corporation established for the purpose of designing, manufacturing, etc. of lectures, refining facilities, and has a limited construction E (hereinafter “E”) established for the purpose of marketing products in the Chinese market in 2006, which is a company manufacturing heat treatment facilities, such as automobile and non-ferrous metal, as its subsidiary.

The victim company shall invite external experts from around 2010 to conduct security education for its executives and employees twice a year. From March 2010, the victim company operated a trade secret team in charge of business secrets, security management, and all security education for its head office and subsidiaries, and designated the classification of documents by enacting the "Business Secret Management Regulations". The provision of data between departments shall be recorded in the confidentiality management ledger after obtaining approval from the head of each department, and the provision of data between departments shall be publicly announced on the company's bulletin board through group wa introduced on September 201, and the provision of personal PC or mobile storage devices shall be prohibited from arbitrarily using and divulging business secrets by regulating the use of personal PC or mobile storage devices, and the period of use of additional file files was restricted by installing and operating the staff PC access PC.

On the other hand, the injured company has the competitiveness of quality and price by recognizing the technical excellence of STS in the Chinese market. The above product competitiveness is based on the technical capabilities of design drawings and the excellence of the product spectrum provided by the injured company and the injured party.