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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles cannot be deemed as trade secrets as the technologies disclosed to or taken out without permission by the Defendant’s consent, and all of them cannot be deemed as trade secrets since most general technical data or personal data stored in his or her home are of the nature. Thus, the Defendant cannot be punished as a violation of the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Business Secrets, etc.). Furthermore, the aforementioned act of leakage of data cannot be punished as a violation of occupational breach of trust. In addition, the lower court found the Defendant guilty of all of the facts charged of this case by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby affecting the conclusion
B. The sentence of the lower court on the Defendant’s unfair sentencing (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. Determination
(1) The term "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act means a production method, sale method, and other technical or managerial information useful for business activities, which has been maintained as confidential by considerable effort, and has independent economic value, not known publicly.
In this context, “not known to the public” refers to a situation in which the information is not known to many and unspecified persons, such as a publication, and thus it is ordinarily impossible to obtain such information without going through a holder (see, e.g., Supreme Court Decision 2002Da60610, Sept. 23, 2004). The term “the holder of the information has an independent economic value” refers to a situation in which the holder of the information can obtain competitive benefits from the competitor, or requires considerable expenses or efforts for the acquisition or development of such information.