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(영문) 수원지방법원 2018.10.12 2016노4199
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

The judgment below

The part of the defendant's occupational breach of trust is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Reasons

1. The progress of the lawsuit of this case and the scope of the judgment of this court

A. The lower court found the Defendant guilty of all the facts charged in the instant case and sentenced the Defendant to imprisonment with prison labor for one year and six months, and the Defendant appealed each on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing.

B. Prior to remand, the trial accepted the Defendant’s assertion and sentenced the Defendant not guilty of all the charges of this case, and the prosecutor appealed on the grounds of misapprehension of legal principles and violation of the rules of evidence.

(c)

The appeal by the prosecutor on the violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Business Secrets, etc.) is without merit. With respect to the part on occupational breach of trust, the Supreme Court reversed and remanded the part on occupational breach of trust in the trial prior to the remanding of the case, on the ground that the appellate court erred by misapprehending the legal principles on occupational breach of trust and intent to commit occupational breach of trust due to the removal of business secrets or major assets, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, and thereby exceeding the bounds of the principle of free evaluation of evidence, thereby adversely affecting the judgment. The Prosecutor’s remaining appeal by the prosecutor was dismissed.

(d)

Since the part on the violation of the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of trade secrets, etc.) against which the prosecutor's appeal was dismissed is separated and finalized, the scope of the judgment of this court is limited to the part on the defendant's occupational breach of trust.

2. Summary of reasons for appeal;

A. Defendant (1) misunderstanding of the facts and misapprehension of the legal principles, the Defendant did not conspired with the co-defendants of the lower court to commit a crime, and the attached Form “Important Business Secret List” (hereinafter “instant business files”) acquired by the Defendant does not constitute a business secret or a major business asset, but convicted the Defendant by recognizing the business secret of the instant business files, etc.

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