The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) As to the damage, damage, and interference with business of electromagnetic records, etc. through the deletion of a domain account, deeming the content of the victim’s e-mail constitutes a violation of Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and thus, is subject to criminal punishment, and thus does not constitute a business subject to protection of interference with business. In addition, the Defendant did not have any intent to interfere with business. Moreover, since the Defendant committed an act within the scope of the manager’s authority as e-mail manager, the Defendant’s act of deleting the e-mail account does not constitute a force as provided for in the crime of interference with business, and thus, it is difficult to deem that there was a specific risk that the victim’s business would be interfere with the victim’s business. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts

Defendant did not have any intention to interfere with business.

In addition, since most of the files and pool deleted by the defendant includes overlapping data or materials that can be easily sought, and a free-of-charged software, it is difficult to deem that there was a specific risk that will interfere with the business of the victim company.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

3. As to the crime of occupational breach of trust, some of the files deleted by the defendant do not constitute a principal business asset of the victim company, with no content created by the defendant only, and the defendant always carries the files and goes together.