The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The criminal defendant, who has served in the victim company, was capable of hackinging the access ID and password of the victim company, and manipulating the access records of the victim company server in the victim company;

It is unreasonable for the court below to find the defendant not guilty even though the defendant sufficiently recognized the fact of intrusion upon the victim's information and communications network due to lack of reasonable circumstances.

2. Determination

A. The summary of the facts charged is a company that develops a computer system of drug sellers and maintains and repairs each system for a fee.

The defendant has been working in the victim company in the past, and is the actual representative of the victim company's competitive private company E (hereinafter referred to as "E").

The Defendant, as the Defendant had a system management company F (hereinafter referred to as the “F”) move from the victim company to E, had F data transferred from the victim company to E, had the victim company enter the victim company’s server without due authority or beyond the authorized access authority.

On May 30, 2014, at around 16:35:22, the Defendant, using his computer (IP) in the E office located in Gwangjin-gu Seoul Special Metropolitan City, entered Adi’s “I” and passwords (the above account was created to access the F-related data database, and the account was used only on the victim’s side for the purpose of maintaining and repairing the business management program of the relevant customer) acquired by means of inputting the data database of the F-related business management program developed, maintained, maintained, and managed by the victim, into an information and communication network of another person beyond the right of access without legitimate authority or permitted access, and is just for eight times in total, such as written in the list of crimes.