The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the PLC Program Nos. for the control of the plastic sorting of this case was not known to the public, had independent economic value, and had been maintained as confidential by considerable effort and constitutes the victim's business secrets, and thus, the judgment of the court below which acquitted the Defendant on the ground that it does not constitute trade secrets, is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is that: (a) the Defendant was a person who actually operated “D”, a program development entity, in C; and (b) the complainant E, a corporation (hereinafter “Appellant”) is a corporation established for the purpose of manufacturing plastic components analysis equipment located in Sejong Special Self-Governing CityF.

On September 29, 2011, the Defendant entered into a development service contract with the complainant company at the time of operating the above D, and developed the PLC program [CC program] (Compared with the spectrum information of plastics put in plastic screening machine and the SPP information by material of plastics, and compared with the PLC program’s reading of plastics materials, and then supplied the PPPPC program, which is the victim’s own technical data, after calculating the time and time when the industrial computer starts up with the plastic screening machine, so that it can efficiently select plastics depending on the distance of the plastic material and the earthing room). Accordingly, the Defendant developed the existing plastic screening program, which was developed by the complainant company from the victim company, in the course of developing the PPC program.

The defendant shall keep confidential technical information and technical information on the result of the complainant's company pursuant to Article 15 of the above service contract.