The prosecutor's appeal is dismissed.

1. The court below erred in misconception of facts which acquitted the defendant without clearly disclosing whether the defendant obtained secrets by unlawful means or methods, such as intrusion on the information and communications network.

2. "Violation" of another person's secret referred to in Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means an act of acquiring another person's secret processed, stored or transmitted through an information and communications network by improper means or methods, such as

The term "disclosure" of another person's secret does not mean any act of divulging another person's secret, but means only an act of informing another person who has acquired another person's secret processed, stored, or transmitted through an information and communications network by unlawful means or methods, such as intrusion into an information and communications network, or a person who knows that such secret has been acquired by the above methods, of informing him

(see, e.g., Supreme Court Decision 2017Do15226, Dec. 27, 2018). Examining the instant case in light of the foregoing legal doctrine.

Comprehensively taking account of the evidence duly adopted and examined by the lower court and the statements of the witness D, the Defendant: (a) visited the head office of “C” around February 2018; (b) accessed the said company’s computer network as indicated in the facts charged on April 2018; (c) checked the payment specifications of the victim; and (d) shown to the employees of the said company on May 11, 2018; (b) was still able to have access to the said company’s computer network within the scope of the authority of the head office to hand over the duties of the head office to the victim; and (c) was able to inquire about the payment specifications of all employees; (d) was revealed that the Defendant had shown the photograph of the screen taken by all employees of the company; and (e) requested the victim to the head office around May 2018; and (e) on June 1, 2018.