The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles and mistake of facts, the Defendant continued to serve as the Secretary General in D, an incorporated association at the time of the instant case (hereinafter “instant corporation”). Thus, the Defendant was entitled to manage the website of the instant corporation and the e-mail password, and the president dismissed by the board of directors was replaced by a password to prevent the Plaintiff from using the e-mail of the instant corporation for personal purposes, and thus, the illegality is dismissed as constituting a justifiable act under Article 20 of the Criminal Act.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 500,000 imposed by the court below against the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court’s determination on misunderstanding of facts and misapprehension of legal doctrine as to whether the Defendant had the authority to manage the instant corporation’s website and e-mail was entitled, and the Defendant submitted a resignation document to F on January 15, 2016, and completed the handover to E, the former Secretary, on February 11, 2016, and the fact that the Defendant did not attend the instant corporation after February 12, 2016, can be acknowledged. In full view of this, the Defendant did not have the authority to manage the instant corporation’s website and e-mail from the date of retirement from the instant corporation on February 12, 2016.

It is reasonable to view it.

In addition, as long as the defendant arbitrarily changed the password and the e-mail password of the web site manager of the corporation of this case and interfered with the information processing of the corporation of this case, it cannot be deemed that it affected the establishment of the crime of this case.

Therefore, this part of the defendant's assertion is justified.