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(영문) 대법원 2019.09.26 2017도11195
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of the violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) due to the divulgence of trade secrets among the facts charged against Defendant A, on the grounds as stated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “trade secret” in the crime of occupational breach of trust or the Unfair Competition Prevention Act.

2. On the grounds of appeal by Defendant B, the lower court convicted Defendant B of the violation of the Unfair Competition Prevention Act due to the acquisition of trade secrets among the facts charged against Defendant B.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the purpose and intent of acquiring trade secrets and trade secrets under the Unfair Competition Prevention Act, or by misapprehending the legal doctrine on the purpose and intent of acquiring trade secrets,

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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