The prosecutor and the Defendants’ appeal against the first instance judgment are all dismissed.

The second original judgment shall be reversed.

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles) Occupational Breach of Trust (1) (1) The program-related materials kept by the Defendants at the time of withdrawal from the victim Company I (hereinafter “victim Company”) are entirely different from the L Programs registered with the Copyright Committee, and are owned by the victim Company, such as M Co., Ltd. (hereinafter “M”) and did not take all measures such as the limitation on confidentiality or access within the victim Company. Thus, they do not constitute trade secrets or important business assets of the victim Company.

(2) The Defendants did not separately copy the above program materials while leaving the victim company, but did not hold them as they were, and after the program was developed according to the contract with the ordering office, the copyright of the program belongs to the ordering office, so the Defendants did not feel the need to return the program to the victim company. After the contract with the ordering office was terminated, the victim company did not request the employees to return the program stored in the private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private private

Considering these circumstances, even if the Defendants did not return or discard the program files of the victim company stored in the personal computer at the time of the withdrawal of the victim company, they would have the intent to commit occupational breach of trust against the Defendants.