The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although the defendant, while withdrawing the damaged company, had four file files of this case, which are the main assets of the victimized company, in violation of his duties, and sufficiently recognized the fact that he acquired property benefits equivalent to the market exchange value of the above materials and incurred property damage equivalent to the same amount to the victimized company, as it violated his duties, but the court below acquitted the damaged company of the facts charged in this case.

2. Determination

A. Where an employee of a company removes materials without permission due to his/her intent to use them for the benefit of a competitor, etc., if such materials are not disclosed to an unspecified number of persons, and thus cannot normally obtain them without going through a holder, even if they do not constitute trade secrets, and further, the holder of such materials is a considerable time, effort and expenses for the acquisition or development of the materials and constitutes a major business asset that can obtain competitive benefits from the competitor through the use of such materials, the crime of occupational breach of trust is established.

(See Supreme Court Decisions 2004Do7962 Decided July 14, 2005; 2009Do3915 Decided June 30, 201, etc.) B.

Examining the following circumstances revealed by the record in light of the aforementioned legal principles, it is difficult to view that the evidence submitted by the prosecutor alone constitutes a major asset of the victimized company, and that the Defendant removed the said files with the intent to use them for the benefit of the competitor, etc., without any reasonable doubt, and there is no other evidence to acknowledge otherwise.

Therefore, the court below's conclusion is justified, and the prosecutor's argument is without merit.

① The three files of the instant “H”, “I”, and “J” are L business by the victimized company.