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(영문) 대법원 2018.07.20 2017도17911
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ violation of the Act on the Prevention of Unfair Competition and the Confidentiality of Business Secrets (Leakage of Business Secrets, etc.), the lower court convicted the Defendants of this part of the charges, on the grounds stated in its reasoning, that the Defendant “Defendant A disclosed the percentage of raw materials and mixing ratio to Defendant B, a third party, the business secrets of the victimized company,” and Defendant B acquired the said business secrets.”

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on trade secrets.

2. As to Defendant A’s occupational breach of trust, the lower court found Defendant A guilty of this part of the facts charged (excluding the part not guilty of grounds) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on occupational breach of trust and intentional breach of trust due to the removal of major business assets.

3. 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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