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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Summary of grounds for appeal;
A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) 1) An advertiser’s information contained in the files that the lower court found guilty falls under information that could have been easily obtained without any cost or effort, and thus is not an important business asset of the victim company.
2) The Defendant sent a computer used at the victim company prior to the format, which was employed by the Defendant, by compressing it into an e-mail before the format, and received and used the computer again.
The files recorded in the facts charged constitute part of the files transmitted by the Defendant, and they are neither prepared nor used for business more than the date of transmission, nor there is no reason to remove the files for the Defendant’s own use.
The defendant has no intention of breach of trust.
3) The punishment sentenced by the court below (2 million won) is too unreasonable.
B. A prosecutor (misunderstanding of facts and improper sentencing) is a victim company’s online advertising agency business, and the advertiser’s information is the most important business asset in performing his/her duties.
The files that the court below found not guilty are important assets of the victim company because they contain the advertiser's information and they are not disclosed to the general public.
2) The sentence imposed by the lower court is too uneasible and unreasonable.
2. A prosecutor’s assertion of mistake as to the prosecutor’s facts was also asserted in the lower court. Of the files stated in the instant facts charged, the lower court presented by the prosecutor as follows: (a) the information contained in the file in the “CPC -2013020.xls” and “2013.xls” files; (b) the information that could easily be acquired without considerable time, effort, and cost; or (c) the relevant information could not be recognized as having relations with the victim company’s business.