The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the victim company inputs considerable costs and effort to develop the ezC Draft, and that the above program was provided for a fee without disclosing the source code. Thus, technical information related to the above program constitutes "business secrets" as prescribed by the Unfair Competition Prevention and Trade Secret Protection Act.

In addition, the defendant, as an employee of the victim company, has a duty not to release the business secrets for the purpose of using them for his own interest, in violation of this, has developed the ezC Draft program, which is a competitive program of the ezC Draft, using technical information related to the above program and provided them to the general public

Therefore, the crime of violation of the Unfair Competition Prevention and Trade Secret Protection Act (such as the divulgence of trade secrets) and the crime of breach of trust on duty are all found guilty.

2. Based on the circumstances indicated in its reasoning, the lower court determined that the Defendant, solely based on the evidence submitted by the prosecutor, created “G” program using the business secrets of Marice Co., Ltd., or breached the duties as an employee of the said company, thereby obtaining economic benefits by using the above business secrets and causing damage to the said company.

It is difficult to recognize the defendant as not guilty.

In light of the reasoning of the judgment below's acquittal and the evidence of this case, a thorough examination of the reasoning of the judgment below, and in addition to the lack of evidence that the ezC Draft Program developed by EzC Draft by EzC Draft using open source code is a new program to the extent that it is recognized as a new program, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant made "G" by copying the technical information, such as the ezC Draft Code, as it is, and the relevant technical information of the ezC Draft Policy is prescribed by the Unfair Competition Prevention and Trade Secret Protection Act.