All of the appeals by prosecutors are dismissed.

1. Summary of the facts charged in this case

A. Defendant A, from March 2, 2010 to June 30, 201, worked as a marketing director in the Seocho-gu Seoul Seocho-gu Seoul H building 1901 (hereinafter “victim”) from around March 2, 201 to around June 30, 201, was employed as a person in charge of purchase after he/she retired from the damaged company and became a purchaser. K is in charge of purchase and material management at the victimized company.

Since the Defendant promised not to leak the secrets of the victimized company at the time of retirement of the victimized company, it has a duty to prevent leakage of confidential data, such as the specifications of purchase of parts of the victimized company, and K had a duty to prevent leakage of inside and outside of the victimized company by security regulations as an employee of the victimized company.

Nevertheless, the Defendant: (a) conducted unit negotiation by ascertaining the source of parts of TV for vehicles developed by the said company before the Nonindicted Company; and (b) prepared a detailed statement of parts purchase (BOM); (b) concluded that securing the BOM file of the victimized Company would be easy to confirm the details, quantity, supply source, etc. of the parts to be purchased; and (c) made it possible to negotiate the unit price with the supplier; and (d) made a call to the K who had been working in the middle of September 201 and has been pro-friendly with the supplier at a place where the police officer cannot know of the place; and (e) made a call to the K who had been working in the past and has a pro-friendly relationship with the supplier, and (e) want to purchase the parts at a low unit price from the I customer.

Accordingly, at around 13:40 on September 16, 201, K used e-mail the Defendant’s e-mail files using e-mail, stating the parts list, purchase price, size for each part, required quantity, etc. used for the vehicle of the damaged company, leading to the same portion of the relationship that it worked as above at the above damaged company office.