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(영문) 대법원 2018.08.30 2018도7327
산업기술의유출방지및보호에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the ground that the violation of the Act on Prevention of Divulgence and Protection of Industrial Technology due to the divulgence of industrial technology among the facts charged in the instant case constituted a crime, and sentenced the Defendant not guilty on this part.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and there is no error by misapprehending the legal principles on “industrial technology” in violation of the Act on Prevention of Divulgence and Protection of Industrial Technology.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have convicted the Defendant of the violation of the Unfair Competition Prevention and Trade Secret Protection Act (i.e., divulgence of trade secrets) due to the divulgence of trade secrets among the facts charged in the instant case and occupational breach of trust on the grounds stated in its reasoning. In so doing, 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 secrets and occupational breach of trust in violation of the Unfair Competition Prevention and Trade Secret Protection Act (i.e., divulgence of 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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