All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The Defendants’ proposal, etc. taken out by misunderstanding the facts or misapprehension of the legal doctrine, did not constitute a major business asset or trade secret of the victimized company, and the Defendants did not have any intent to commit occupational breach of trust. However, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendants guilty.

B. The lower court’s punishment against the illegal Defendants (a fine of KRW 4 million) is too unreasonable.

2. The lower court found Defendant B guilty of the charge of occupational breach of trust on December 1, 2017 among the facts charged in the instant case against Defendant B, and convicted Defendant B of the remainder, and sentenced Defendant B of a fine of KRW 4 million.

On the other hand, only Defendant B appealed the part of the judgment of the court below on the grounds of misunderstanding of the facts, misunderstanding of the legal principles, and misunderstanding of the sentencing, and the prosecutor did not file an appeal. As such, the part of the judgment of the court below regarding Defendant B’s innocence was not appealed by anyone among the parties, and the above part

Therefore, among the judgment below, only the conviction part against Defendant B constitutes the scope of the judgment of this court.

3. Determination

A. The summary of the facts charged is as follows: Defendant A, from April 4, 2016 to November 14, 2017, was engaged in designing a file for the tender proposal of the victimized company while serving as a designer in C (hereinafter “victim”) providing the Internet social broadcasting system operation and solution.

Defendant

A has a duty to divulge without permission a proposal for bidding of a victimized company, which is a major asset for the business of the victimized company, to another person, or to use the files, etc. stored outside of the company.

Nevertheless, the defendant A must deduct the proposal for the tender of the damaged company in violation of his occupational duties.

(v)inform;