The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Reasons for appeal;

A. Legal principles are justifiable acts to protect the legitimate legal interests of the trade union from tort by misunderstanding the legal principles that the Defendant posted the victim’s e-mail.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Around June 10, 2015, the Defendant posted the e-mail content of “G he puts off to H”, which sent a victim E to Sanet, a worker affiliated with C using a computer, at the Yeonsu-gu Incheon Metropolitan City’s trade union office, and then disclosed another’s secret processed, stored, or transmitted through an information and communications network, by posting the e-mail content exchanged between the victim and his employees on 48 occasions from around that time to July 1, 2015.

3. Determination

A. The lower court’s determination on the Defendant’s assertion of sentencing and unfair determination on sentencing does not mean any act of divulging another person’s secret, which is processed, stored, or transmitted through an information and communications network, ex officio, but rather means any act of divulging another person’s secret. A person who acquires another’s secret processed, stored, or transmitted through an information and communications network through an unlawful means or method, such as intrusion on an information and communications network, or a person who knows that the secret was acquired by the said method is not yet known to others (see Supreme Court Decision 2017Do4240, Jun. 19, 2017). (b) According to the evidence duly adopted and examined by the lower court, the Incheon View-I, which is a supervisory agency, is a victim’s e-mail stored by the information and communications network while performing special audit by the chief director’s corruption and the victim’s employee’s abuse of service.