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Of the judgment of the first instance, the guilty portion against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The facts charged in the part on the attached list No. 1 of the facts charged are not legally specified, and thus, Defendant A cannot exercise his right of defense. Therefore, the facts charged in this part constitutes “when the procedure for filing a public prosecution is null and void in violation of the provisions of law” under Article 327 subparag. 2 of the Criminal Procedure Act, and thus, the judgment dismissing the public prosecution should be sentenced. 2) The files No. 1 bulletin No. 1 of the attached list of crimes (1) and No. 4 of the attached list of crimes (2) of the attached list of crimes (hereinafter “violation of the Unfair Competition Prevention Act”) against the crime of violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Violation of the Unfair Competition Prevention Act”). The files No. 1 through No. 3 of the attached list of crimes do not meet the requirements for trade secrets, and the file No. 2 of the attached list No. 1 through No. 3 of the crime list of crimes (hereinafter “victim”) are contents disclosed to the G Co. (hereinafter “victim”).
Therefore, the above file is not a trade secret.
C) The files listed in the [Attachment 2] Nos. 1 through 3 include the contents disclosed as a patent by the victim company or the structure through reverse analysis, and the files listed in the [Attachment 2] Nos. 4, 5, 8, 10 through 13, and 16 through 22 are merely a research and development plan. Accordingly, the files listed in the [Attachment 2] Nos. 4, 5, 8, 10 through 13, and 16 through 22 are not trade secrets (in particular, the contents listed in the [Attachment 4] Nos. 4, 5, 5, 10 through 13, and 16 through 22 are not trade secrets (in particular, there are no economic usefulness because they are harmful to the human body and designated as pollutants under the laws and regulations). The information on the composite and used materials sent by the defendant A to the defendant B does not constitute trade secrets of the victim company since the defendant A created a patent in Japan.