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(영문) 대법원 2017.05.31 2016도15091
부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant C’s final appeal, Defendant C did not submit a statement of reason for final appeal within the statutory period, and the grounds for final appeal are not indicated in the petition of final appeal.

2. On the grounds of the prosecutor’s appeal, the court below affirmed the first instance judgment which acquitted Defendant D Co., Ltd. and acquitted the remaining Defendants of the reasons on the ground that there was no proof of crime regarding violation of the Unfair Competition Prevention and Trade Secret Protection Act due to the divulgence of trade secrets among the facts charged in the instant case.

Even if examining the relevant legal principles and records, 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, contrary to what is alleged in the grounds of appeal.

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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