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The judgment of the court below is reversed.
Defendant
A A Fines of 16,00,000 won, Defendant B and C of each fine of 2,00,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the Prosecutor of the misunderstanding of facts and legal principles, the following facts can be sufficiently recognized: (a) six files listed in the list of offenses Nos. 1, 41, 42, 45, 55, and 56; and (b) six files listed in the list of offenses Nos. 1, 41, 42, 45, 55, and 56; and (c) production drawings, specifications, materials, etc. in the victim G Co., Ltd. (hereinafter “damage Co., Ltd.”) located in the 16 files once the list of offenses Nos. 2, 2, 2, and 56; and (b) the facts constituting a major business asset in breach of occupational breach of trust; (c) therefore, the Defendants’ act of copying and transmitting them without permission constitutes a crime of occupational breach of trust. However, the lower court acquitted all the facts charged against
B. The sentence of the lower court (15,000,000 won in penalty) against Defendant A, which is unfair in sentencing, is too unhued and unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine
A. Where an employee of the relevant legal doctrine removes company’s materials from a competitor without permission for the purpose of divulging them to the competitor or using them for his/her own interest, if such materials do not constitute trade secrets, and it cannot be generally obtained without permission from the holder because they are not open to many and unspecified persons, and if the person holding them is a considerable time, effort and cost for the acquisition or development of the materials, and constitutes a major business asset to the extent that the use of the materials can obtain competition benefits from the competitor, it constitutes an occupational breach of trust.
On the other hand, even if a company employee legally takes out data, which is a business secret or major business asset, and such taking out does not constitute a crime of breach of trust in the course of business, the company's trade secret, etc.