All appeals are dismissed.

The grounds of appeal are examined.

1. As to the grounds of appeal on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), the term “other person’s secret” under Article 49 of the Information and Communications Network Act refers to the fact that is not generally known and that it is beneficial to the principal, not notifying other persons of such fact.

(2) The term "the infringement of another person's secret processed, stored, or transmitted through an information and communications network" as referred to in the above provision refers to an act of acquiring another person's secret processed, stored, or transmitted through an information and communications network by unlawful means or methods, such as intrusion into an information and communications network, and "the illegal use of another person's secret processed, stored, or transmitted through an information and communications network" refers to an act of using another person's secret, processed, stored, or transmitted through an information and communications network, or a person who has acquired another person's secret processed, stored, or transmitted through an information and communications network by unlawful means or methods, such as intrusion into an information and communications network

(See Supreme Court Decision 2010Do10576 Decided December 13, 2012). (2) The gist of the lower judgment is as follows.

In other words, although the post-purchase notice containing the order information of the members of the Internet shopping mall in this case does not constitute another person's secret, personal information such as the resident registration number, ID, password, mobile phone number, address, etc. of the members can be deemed to constitute another person's secret.

However, the Defendants obtained access to the Internet shopping mall server at the time of obtaining legitimate authority, and the Defendants cannot be deemed to have obtained other’s secrets by unlawful means or methods. Thus, even if they copied and stored the same in the L homepage server operated by Defendant A.