All prosecutor's appeal against the Defendants is dismissed.

1. Summary of grounds for appeal;

A. Error of facts (not guilty part against Defendant B and Defendant C), Defendant B’s “L” files perused by Defendant B (hereinafter “L” of this case constitutes a trade secret of the victim FF corporation (hereinafter “victim”) since the files of this case are information having independent economic value and maintained secret by security regulations, confidentiality agreement angle, etc.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged on a different premise from the facts.

B. The sentence imposed by the lower court (six months of imprisonment, one year of suspended execution) on Defendant A and B is too uneased and unreasonable.

2. Determination

A. The lower court determined that the file of this case cannot be deemed to constitute a trade secret under the Unfair Competition Prevention and Trade Secret Protection Act on the ground that the lower court’s judgment on the ground that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (a) the victim company did not take measures such as managing the file of this case separately from the general information, or restricting subjects or access to the file, etc.; (b) the victim company did not have any separate storage place or storage device; and (c) the victim company did not thoroughly conduct security education. (b) The lower court determined that the file of this case cannot be deemed to constitute a trade secret under Article 2 subparag. 2 of the Unfair Competition Prevention and Trade Secret Protection Act on the grounds that the “trade secret” of Article 2 subparag. 2 of the Unfair Competition Prevention and Trade Secret Protection Act is not known and has an independent economic value, and thus, it refers to the production method, sale method, and other technical or business information useful for business activities, and that “the aforementioned information is maintained as confidential by considerable efforts” in this context.