Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 28, 2017, the Defendant destroyed electronic records by eliminating 20 strings of business files, such as customer information, stored on a computer managed by the Defendant on the ground that the victim was retired from office, as an employee of the Internet shopping mall “E” operated by the victim D with C7th floor C7th floor at the Gyeonggi-si, Gyeonggi-do, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The photograph of the closure of the screen on the deleted computer-based screen and the photograph of the deleted business closure file closure (the defendant has been stored on the computer for business after his retirement);

In the process of arranging files, the files including his personal information have been deleted, but the files have not been deleted in bad faith, so there was no intention to commit the crime of damage.

The argument is asserted.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① from June 27, 2017 to August 27, 2017, the Defendant searched a company that needs goods while working in the Internet shopping mall operated by the injured party, and compiled a list as a file and sent a product proposal. At the time of the instant case, the file that the Defendant deleted is a trader’s list or proposal, etc. as above; ② the Defendant’s deletion of a business file without any prior consent from the injured party; ③ the Defendant deleted the file in part of his personal information, but most files were related to the victim’s business; and there was no need to delete the file itself in order to prevent the divulgence of personal information.

(4) At the time of the instant case, the Defendant is sufficiently aware that the instant files are needed for the victim’s business.