The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant committed each of the instant crimes in collusion with D who was in charge of the development, maintenance, and repair of the F program, which is a program to connect inspection information between medical institutions and inspection institutions, in the victim E (hereinafter “victim E”), by developing the J program, which is a trade secret of the victim company, and implements functions similar to the above program.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of the facts charged.

2. Summary of the facts charged in this case

A. D Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Business Secrets, etc.) is a person who has been in charge of the development, maintenance, and repair of “F”, a program relating to inspection information linkage service between a medical institution and an inspection institution, in the victim company from April 1, 2008 to November 30, 2008, and the Defendant is a person who operates a software development company related to the medical institution of “H” under Article 201 of the Southern-gu Incheon Metropolitan City Building G.

Around October 2008, the Defendant knew that D was in charge of the above duties at the victim company, and requested D to develop a program having functions related to inspection information service, similar to F, developed by the victim company, and drafted D and software development contract around November 22, 2008, and D retired from the victim company around November 30, 2008.

No person shall use any trade secret useful to the enterprise for the purpose of obtaining any unjust profit or causing any loss to the enterprise.

Nevertheless, in order to reduce the cost and time of developing the service program linked to inspection information, the Defendant and D are in charge of the above “F” program, and they are in their own north of Korea.