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The prosecutor's appeal is dismissed.
Reasons
1. Around June 13, 2013, the Defendant set aside the victim’s company, stored 86 files listed in the attached crime sight table, which contained business secrets or K drawings, in the victim’s office, and carried them out without permission, and copied and stored the said files in the Nowon-gu computer used by the victim’s competitor G, a competition company, around August 2013.
Therefore, the judgment of the court below which acquitted the defendant on the ground that the information contained in the above 86 files is not trade secrets, is erroneous in the misapprehension of facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2. Determination
A. In order to establish a crime of occupational breach of trust where a company employee removes materials without permission from a competitor company or its own intent to use them for the benefit of the competitor, the following facts may be acknowledged according to the evidence duly adopted and duly examined by the court below: (a) even if such materials are not necessary to constitute trade secrets, it cannot be generally obtained without going through the holder because they are not open to many and unspecified persons; and (b) those holding the materials are considerable time, effort and expenses for the acquisition or development of the materials, and are equivalent to business assets to the extent that they may gain competition benefits from the competitor through the use of the materials (see, e.g., Supreme Court Decisions 2009Do3915, Jun. 30, 201; 201Do3657, Jun. 28, 2012).
1) On September 26, 2012, the Defendant drafted a written pledge of protection of trade secrets, etc., and around that time, the Defendant also prepared a written pledge of protection of trade secrets, etc. and submitted it to the victim.
2) According to the “Rules on In-house Security Management” that was enforced around May 27, 2013, when the injured party retired from the Defendant, the Defendant’s death, the leakage of confidential documents and similar information through USB shall be subject to the approval of the security officer.