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All appeals by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the judgment of the first instance court that found Defendant guilty of mistake of facts or misapprehension of legal principles, Defendant 1 is erroneous in the misconception of facts or misapprehension of legal principles (specific arguments are stated in the judgment part).
(2) The judgment of the first instance court on the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
(b) The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable;
2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant
A. As to the violation of each Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets, etc.), the summary of the argument as to whether the defendant's trade secret constitutes trade secrets (i) is included in the scenarios prepared and taken out as stated in the facts charged cannot be viewed as trade secrets because it does not meet the requirements under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act").
Nevertheless, the judgment of the first instance court which found guilty of the relevant facts charged is erroneous in misconception of facts or misapprehension of legal principles.
B) The term “trade secret” under Article 2 subparag. 2 of the Unfair Competition Prevention Act refers to the production method and sale method, and other technical or managerial information useful for business activities, which is kept confidential by considerable effort, and is not known to many and unspecified persons, by means of considerable effort. Here, the term “not known” means that the information cannot be obtained from a holder unless it is known to the general public (see, e.g., Supreme Court Decision 2006Do7916, Jul. 9, 2009). The term “information has independent economic value” means that the holder of the information has independent economic value through the use of the information.