The guilty part of the defendant A and the part against the defendant B shall be reversed respectively.

Defendant

A. Imprisonment.

A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles does not constitute trade secrets under the Unfair Competition Prevention and Trade Secret Protection Act because all of the data of this case inspected or transmitted by the Defendants do not meet the requirement of trade secrets. The lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby making the data of this case erroneous by misapprehending the legal principles. 2) The lower court’s sentence against the Defendants of unfair sentencing (two years of suspended sentence in August, 200, eight hours of community service, and five million won of fine) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (defendant A) Defendant A’s deletion of the text posted on the homepage of the victimized company constitutes interference with business of destroying and damaging electromagnetic records, etc. due to an act that actually causes interference to the information processing system of the victimized company server.

The court below found Defendant A not guilty of this part of the facts charged by misunderstanding the facts.

B) Even if it is found that Defendant A was not guilty of interference with the operation of the electromagnetic records, etc. on household affairs and electromagnetic records, so long as it is found that Defendant A deleted the notice at issue, the court below erred by misapprehending the legal principles, thereby misunderstanding the recognition of the crime of causing damage to electronic records, etc., and misunderstanding the legal principles, which led to an unreasonable sentencing (2). The court below’s sentence against the Defendants is too

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. The summary of this part of the facts charged (the point of violation of the Unfair Competition Prevention and Trade Secret Protection Act) No one of the defendant A shall acquire and use trade secrets or divulge them to a third party for the purpose of obtaining unjust profits or inflicting damage on the owner of trade secrets.