The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Error of facts, misunderstanding of legal principles 1) The materials listed in the attached list 1 of crime inundation relating to occupational breach of trust are victim C Co., Ltd. (hereinafter “victim”).

(2) The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The attached list 2 of the Unfair Competition Prevention and Trade Secret Protection Act, does not constitute a "trade secret" under the Unfair Competition Prevention and Trade Secret Protection Act.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (limited to eight months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, confiscation) is too unreasonable.

3. Determination on occupational breach of trust

A. In a case where an employee of the company disclosed the company’s materials to the competitor or without permission for the purpose of using them for his own interest, the materials listed in Appendix 1 do not constitute trade secrets.

Even if the material is not disclosed to many and unspecified persons, it cannot be generally obtained by the holder, and the holder of the material is a considerable time, effort and cost for the acquisition or development of the material, and the use of the material is a major business asset to the extent that competition profit can be gained from the competitor.