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The judgment below
The guilty portion shall be reversed.
Defendant
A In four months of imprisonment, the defendant limited liability company B shall be punished by a fine of five million won.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A’s assertion of misunderstanding the prosecutor’s facts or misapprehension of the legal principles invaded on the internal computer network of E Co., Ltd. (hereinafter “E”), the fact that Defendant A did not receive the translation’s list by downloading the ledger is contrary to the empirical rule, the lower court acquitted Defendants on the acquisition or use of the translation’s list among the facts charged in the instant case.
In addition, the court below found Defendant B not guilty of the acquisition of trade secrets (the list of signatories and translations) among the facts charged in the instant case on the ground that the amount of profit was not specified without examining the amount of profit of Defendant B (hereinafter “Defendant B”) due to the acquisition of trade secrets (the signator's and translator's list).
The judgment of the court below is erroneous in the misunderstanding of facts, misunderstanding of legal principles, or incomplete hearing.
B. The sentence of the lower court’s wrongful assertion of sentencing is unfair.
2. Determination
A. The lower court rendered a judgment on the prosecutor’s mistake of facts, misunderstanding of the legal doctrine, and failure of trial (1) as to the acquisition and use of the list of translations of Defendant A among the facts charged in the instant case and the use of the list of translations of Defendant B among the facts charged in the instant case, which determined that there was no proof of the crime for the following reasons.
On April 14, 2014, the list of franchises (No. 19 of the evidence list) submitted as evidence is a file that was discovered in Defendant A’s computer by searching Defendant B’s office on April 14, 2014, and only that was the file that Defendant A acquired and used the list of translations.
It shall not be readily concluded.
E The E shows that the list of translations is not found in the search and seizure by the investigating agency, and that the list is not seized by the other computers of Defendant A.