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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are merely preparing materials to be prepared by immigration brokerage companies for objection, and there is no intention in occupational breach of trust, and there is no property interest in acquiring the permanent residence of the United States. Since the documents Nos. 1 and 2 of the crime sight table Nos. 5 of the attached Table Nos. 1 and 2 of the judgment of the court below do not constitute a major business asset of the victimized company, they did not incur property damage to the victimized company. 2) The sentence of unfair sentencing (a fine of KRW 3 million) by the court below is too unreasonable.
B. Prosecutor 1) The document Nos. 1 and 5 Nos. 1 and 2 in the annexed Form 1 and 2 in the judgment of the court below (hereinafter “each document of this case”), and when referring to individual documents, the document of this case is “the document of this case”.
(2) The court below erred by misapprehending the facts that each of the documents of this case does not constitute trade secrets and business assets, although the documents of this case do not constitute trade secrets, and the documents of this case Nos. 1 through 4 of this case do not constitute business assets. 2) The court below's sentence of unfair sentencing is too unreasonable and unfair.
2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant and prosecutor
A. The term "trade secret" under Article 2 subparagraph 2 of the Unfair Competition Prevention and Trade Secret Protection Act means any technical or managerial information useful for business activities, which is not known publicly (economic usefulness), has independent economic value (economic usefulness), and has been maintained secret by considerable effort (confidentially managed), methods of production and sale, and other technical or managerial information useful for business activities.
The phrase “not known” here is known to many and unspecified persons, such as the fact that information is contained in the media such as publications.