The judgment of the court below is reversed.

Defendant

A A Fines of 4,00,000 won, Defendant B, C, D, and E shall be punished by a fine of 2,00,000 won.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The victim organization is a non-profit incorporated association and did not conduct its business for the purpose of obtaining economic compensation under its own account. Thus, the data taken out of the instant case cannot be deemed as necessary for the business of the victim organization.

In addition, member information such as the trade name, representative, location of business place, contact address, etc. recorded in the release materials can be easily acquired through the signboard of the business place or the list of general restaurant trainees provided by the competent authorities, and are publicly known.

In addition, the above release data are not useful for the recruitment and maintenance of members, there is no economic value, and the victim's organization is not produced in terms of considerable time, effort and expenses.

Therefore, the above release materials do not constitute a major business asset.

2) Even if it constitutes a major business asset, it is acquired in the course of acting on behalf of its members in violation of the tax justice, and is only necessary data for acting on behalf of filing illegal reports on value-added taxes, and thus, it is worth protecting under the Criminal Act.

shall not be deemed to exist.

3) In addition, since the existing members of the victim's organization have no relation to the above release data to the defendants' organization after withdrawal from the above organization, the defendants suffered losses from the victim's organization or acquired property gains from the defendants' removal of the above data.

shall not be effective.

B. The lower court’s punishment against the illegal Defendants (Defendant A: fine of KRW 5 million, Defendant B, C, D, and E: each of the fines of KRW 3 million) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, we examine ex officio prior to the judgment on the grounds for appeal, and at the trial of the public prosecutor, the “business secrets” of No. 5 and No. 10 of the facts charged in the instant case as “major business assets” and “No. 6 of the 10th page.”