A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant stored the above files with the consent of C or D, who has access to the specifications of the special claim and the benefits specifications of this case, and printed out each of the above documents in the files. Thus, the Defendant cannot be deemed to have obtained another’s secret by unlawful means, such as intrusion upon information and communications networks, and the Defendant does not constitute the crime of this case. 2) In addition, the Defendant did not have intention to commit the crime of this case.

In addition, the illegality of the defendant's act constitutes a justifiable act of Article 20 of the Criminal Code.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. Determination of misconception of facts or scenarios 1) Whether a defendant committed an act identical to the facts charged in the instant case with the consent of C and D, or “violation of another person’s secret” under Article 49 of the Information and Communications Network Act refers to an act of acquiring another person’s secret processed, stored, or transmitted through an information and communications network by unlawful means or methods, such as intrusion on the information and communications network (see Supreme Court Decision 2013Do15457, Jan. 15, 2015). As to such, the Defendant asserted that the Defendant obtained the consent of C or D with authority to access the specifications of the instant special claim and the payment file at the time of the act identical to the facts charged

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant did not obtain the consent of C or D at the time of performing the act as stated in the facts charged of this case. Thus, the defendant's assertion is without merit.

(1) D shall, at the time of "the investigative agency", store a file of the employee's salary specifications by using his/her own computer in which the defendant was in his/her possession without his/her consent, and shall provide the salary specifications.