Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. At the time of withdrawal from the victim company D (hereinafter “victim company”), the Defendant did not take approximately KRW 120,000 of customer personal information DB (hereinafter “the instant DB”), a major asset of the victim company, and the network G (hereinafter “the network”) serving as the head of the headquarters as the victim company taken the instant DB. However, the lower court found the Defendant guilty of the facts charged in the instant case by misunderstanding the facts, by in collusion with the deceased, that the Defendant violated the duties of the deceased, thereby acquiring the instant DB and causing damage to the victim company.

B. The prosecutor (unfair)’s sentence (one year of imprisonment with prison labor for six months and one year of suspended execution) sentenced by the court below against the defendant is too uneased and unfair.

2. Determination

A. In a case where two or more persons on the Defendant’s assertion of mistake of facts are co-offenders who jointly process a crime, the conspiracy is not required under the law, but is only a combination of intent to realize a crime through a joint processing of a crime by two or more persons, and the conspiracy is established if such a combination is made in order or impliedly. As long as such conspiracy was made, those who did not directly participate in the act of execution are held liable as co-principal for the other co-offenders’ acts.

(see, e.g., Supreme Court Decision 97Do1706, Sept. 12, 1997). The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, i.e., the defendant, when working at the victim company as the position of the head of the center, downloads customer information arranged by E-M software every day, and then back it to the computer network of the victim company's computer management agency, and then assign three office chiefs to the employees.