The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Summary of Grounds for Appeal

Defendant

In the misunderstanding of facts, the remainder except for the portion of "ment points from visit business situation" among the "business proposal sales file" in the business proposal distribution file, can be seen as having become a member free of charge on the homepage of the victimized company, and since the part of "ment points by visit business situation" was made by the Defendant, the entire "business proposal sales file" file is not a "major asset for business operation" of the victimized company.

Although “A program for the receipt and connection of nurse use” was carried out in the North Korea of the defendant, it did not use the above program because it did not have been carried out. Therefore, the crime of occupational breach of trust is not established in relation to the above program.

The sentence of unfair sentencing (the imprisonment of August, the suspension of execution of two years, and the community service order of 120 hours) of the lower court is too unreasonable.

The fact-finding by the prosecutor falls under the category of "pre-contracted points file" among the materials taken out from the damaged company, and "IDRSWOD" of the member hospital constitutes a "major business asset" of the victimized company, and the act of taking them out constitutes a crime of occupational breach of trust.

The sentence of the lower court on unreasonable sentencing is too unjustifiable and unfair.

Judgment

When the employee of the company in charge of determining the defendant's argument of misunderstanding of the facts makes the act of removing materials without permission by the competitor company or the intention of using them for his own interest as a crime of occupational breach of trust, the above materials cannot be obtained without going through a holder because they are not disclosed to many and unspecified persons at least, and the holder is a considerable time, effort and expenses for the acquisition or development of the materials, and thus, they should constitute "major business assets" to the extent that they may gain competitive benefits.

(see, e.g., Supreme Court Decision 2009Do3915, Jun. 30, 2011).