The defendant shall be innocent.

1. No summary of facts constituting an offense shall damage any personal information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge any other person's confidential information;

Nevertheless, on June 1, 2011, the Defendant sent 60 copies of passbook transactions to F for seven years from the victim's bank account (E) that was obtained and kept in the process of civil litigation with the previous victim D and the victim's bank account (E).

On June 2012, the Defendant continuously shown the details of passbook transactions by the victim to G, not by the parties to the lawsuit but by the third party at the Hancheon-gu, Busan.

Accordingly, the Defendant disclosed the secrets of others processed and stored through the information and communications network on two occasions.

2. Determination

A. The Defendant asserts that the details of passbook transactions by the victim of this case do not constitute secrets of “other persons” as referred to in Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and that even if the transaction constitutes secrets of other persons, it does not constitute “disclosure” as the Defendant acquired by justifiable means in the process of civil litigation with the victim.

B. “Leakage of another person’s secrets processed, stored or transmitted through an information and communications network” under Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) does not mean any act of divulging another person’s secrets, but means only an act of informing a person who has acquired another person’s secrets processed, stored or transmitted through an information and communications network by unlawful means or methods, such as intrusion into an information and communications network, or a person who has knowledge that such secrets were acquired through the above methods, of informing a person