The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, 1) The Defendant did not acquire relevant materials in relation to his/her duties with the knowledge that they would be used or used in a foreign country for the purpose of obtaining unjust gains or causing damage to a trade secret holder, nor did he/she acquire them by unlawful means for the purpose of using them in a

2) Some of the material does not constitute a trade secret of J Co., Ltd. (attached Table 2.2,3) and does not constitute industrial technology of J Co., Ltd. (attached Table 2.18) (attached Table 2.3). The Defendant did not have any awareness of breach of duty and any intention of breach of trust with respect to occupational breach of trust.

B. The sentence of the lower court’s improper sentencing (4 years of imprisonment) is too unreasonable.

2. The grounds for ex officio appeal due to changes in indictment shall be considered ex officio prior to judgment on the grounds for appeal.

In the trial of the party, the prosecutor applied for changes in the indictment, such as the statement of changes in the indictment, and this court permitted this, so the judgment of the court below can no longer be maintained.

However, the ground of appeal by misunderstanding the facts of the judgment below and misunderstanding the legal principles is still subject to the judgment of this court, and this is examined below.

3. Determination as to the misapprehension of facts and misapprehension of legal principles

A. Violation of the Act on Prevention of Divulgence and Protection of Industrial Technology and Violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets abroad, etc.). The gist of this part of the facts charged is as follows: (a) the Defendant, working for G Co., Ltd. and I, and some of them, by means of theft, deception, threat, or other unlawful means, with the aim of using industrial technology or making industrial technology used in a foreign country.