The judgment of the court below is reversed.

The defendant shall be innocent.

Although there is a final file on the public server in the process of the successor's transfer process, the final file was made available in the public server and the unnecessary file was deleted.

Ultimately, files and e-mail recorded in the facts charged cannot be the object of the crime of damage.

B. In addition, it cannot be viewed that the defendant's act was damaged as well as that of the defendant without the intention of damage.

Sentencing is unfair because it is too unreasonable to impose punishment (700,000 won) by the lower court.

In the facts charged at the trial of the court below, the Prosecutor deleted 90 files of business affairs listed in the attached list of crimes, and deleted 38 files of business affairs listed in the attached list, and applied for amendments to the amendment of the indictment with the content of changing the list of crimes listed in the attached list of crimes 1 as shown in the attached list of crimes 2. Since the judgment of the court below was changed by permitting it, the judgment of the court below cannot be maintained.

However, there are such reasons for ex officio reversal.

Even if the defendant's assertion of mistake of facts or misapprehension of legal principles is still subject to the judgment of this court, the following should be examined.

The summary of the revised facts charged is a person who works as an employee of the victim D management E in Seocho-gu Seoul Metropolitan Government from June 30, 2014 to August 26, 2015 and has been in charge of exhibition assistance, outside camera exhibition, document design, etc.

The Defendant at the foregoing E office around August 2015, and from March 19, 2015 to August 11, 2015, the mail to which he/she was engaged in the business affairs in the above E, and from September 21, 2014 to August 24, 2015, the mail to which he/she was sent (hereinafter referred to as “the mail of this case”), and the mail to which he/she was stored in a computer under his/her management.

38 files for business listed in attached Form 2, such as files for F Public Notice of Solicitation, (hereinafter referred to as “this”).