The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, the court below acquitted the defendant as to the facts charged in violation of the Unfair Competition Prevention and Trade Secret Protection Act on the file "140627 (Sebudio W.pt" on the ground that the above contents cannot be deemed as trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act, although it can be sufficiently recognized that the defendant's publication data, which is the content of the file sent by e-mail to G on June 27, 2014, constitute trade secrets as stipulated in the Unfair Competition Prevention and Trade Secret Protection Act.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution for one year of imprisonment, one-year community service, and one hundred and twenty hours of confiscation) is too uneasy and unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant’s summary of the facts charged is the victim C Co., Ltd. (hereinafter “victim”) by using the e-mail of the Defendant’s e-mail (H) that had already been retired on June 27, 2014.

(2) The lower court determined as follows, based on the evidence duly adopted and investigated by the lower court, that: (a) the files recorded in the facts charged were published in the workshop set out in the company’s trade secret “140627(Sebudio W.Pt”); and (b) the X-cell file called “140623 SGVGV 23 digital model”, which was the basis for the publication of the workshop, was originally set out, but it was not set out in the list itself; and (c) the files in the above workshop were deemed that there was no secret marking or restrictive measure was taken for access to the company.