The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by a fine of KRW 3,000,000.

1. The progress of litigation and the scope of adjudication in the party deliberation;

A. (1) The lower court found the Defendant guilty of occupational breach of trust among the facts charged in the instant case, and acquitted the Defendant of violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Trade Secret Protection Act”), violation of the Copyright Act (hereinafter “Trade Secret Protection Act”) and violation of the Copyright Act, and the Defendant

(2) On the ground of the misapprehension of legal principles as to the guilty portion (the point of occupational breach of trust), and the misconception of facts, the prosecutor filed each appeal against the violation of the Unfair Competition Prevention and Trade Secret Protection Act (the divulgence of business secrets), among the convicted portion and the acquitted portion. The judgment prior to the remanding of the judgment of the court below, reversed the guilty portion against the defendant, and sentenced the defendant to a fine of KRW 10 million, and all the appeals against the prosecutor's defendant and the stock company B were dismissed.

(3) Accordingly, the Defendant filed an appeal against the judgment of the party before remanding the case on the grounds that the lower court violated the rules of evidence and misapprehending the legal principles on “major assets in business”, and that the prosecutor did not assert the grounds for appeal of unfair sentencing, and that there was an error of law that sentenced a heavier

(4) The Supreme Court rejected the Defendant’s violation of the rules of evidence and the misapprehension of legal principles. The Prosecutor appealed on the guilty portion of the lower judgment, and rendered an excessively minor sentence as to the portion of the offense, “In spite of the inappropriate sentencing as the grounds for appeal in the petition of appeal or the statement of appeal, without stating the grounds for

“If stated to the effect only, it cannot be deemed as a legitimate statement in the grounds for appeal of unfair sentencing. While the trial prior to remand dismissed the prosecutor’s appeal on the acquittal portion, the Defendant’s assertion of mistake is reversed ex officio on the ground that there was a modification of indictment regarding the guilty portion, and the lower court’s decision is dismissed.