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(영문) 서울중앙지방법원 2017.09.22 2017노2406
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment of the first instance shall be reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Scope of adjudication of this court;

A. The first instance court convicted the Defendant of the violation of the Unfair Competition Prevention and Trade Secret Protection Act (such as divulgence of trade secrets) with respect to the files listed in No. 14 No. 14 of the List of Crimes (hereinafter “the files of this case”) among the facts charged of this case, and sentenced the Defendant not guilty on the ground that there is no proof of crime regarding the violation of the Unfair Competition Prevention and Trade Secret Protection Act (the act of disclosure of trade secrets, etc.) with respect to the files listed in the separate sheet No. 14 of the facts charged of this case (hereinafter “the remaining files of this case”) and the violation of the Unfair Competition Prevention and Trade Secret Protection Act (the act of disclosure, etc. of trade secrets) with respect to occupational breach of trust and crime No. 1 through No. 13, 15, and 34 of the

For this reason, the prosecutor filed an appeal against the acquittal portion of the judgment of the court of first instance on the grounds of mistake of facts, and the defendant filed an appeal against the conviction portion on the grounds of improper sentencing, and on the grounds of misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing as to the conviction portion among the judgment of

The facts charged were modified as follows with respect to the Defendant’s occupational breach of trust during the trial prior to remand. The above court rejected the Prosecutor’s assertion of mistake as to the violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage, etc. of Business Secrets) on the remaining files of this case, which was pronounced not guilty of the judgment of the first instance court, and the violation of occupational breach of trust against the Defendant. The Prosecutor’s appeal as to the violation of occupational breach of trust against the files of this case No. 14 is with merit.

The defendant's assertion of mistake or misapprehension of the legal principles as to the guilty portion is without merit, and the judgment of the first instance court against the defendant is reversed, and the defendant is sentenced to the violation of the Unfair Competition Prevention and Business Secret Protection Act (Disclosure of Business Secrets) as to files No. 14 of the annexed crime list 14, and the violation of occupational breach of trust as to the defendant's occupational breach of trust.

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