The defendant shall be innocent.

1. The summary of facts charged shall not damage another person's information processed, stored, or transmitted through an information and communications network, nor infringe, misappropriate, or divulge another person's confidential information;

On November 2012, the Defendant infringed the Defendant’s secrets by copying and storing confidential information related to the F’s business, such as F sales status, tax-related data, marketing-related data, business registration certificate, employee identification statement, employee status record, employee status record, etc., in the Defendant’s smartphone office located in Gangnam-gu Seoul Metropolitan Government (hereinafter “F”), on the basis of the computers of other employees.

2. Article 71 Subparag. 11 and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. provides that “a person who has damaged another person’s information processed, stored, or transmitted through an information and communications network, or infringed, stolen, or leaked another person’s confidential information.”

Meanwhile, according to Article 2(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., “information and communications network” refers to an information and communications system for collecting, processing, storing, searching, transmitting, or receiving information by using telecommunications equipment and facilities under Article 2(2) of the Telecommunications Business Act or by using telecommunications equipment and facilities

The facts charged of this case are that the defendant copied and stored confidential data related to F's business in the screen spool on the basis of the computer of other employees to the defendant's smartphone.

However, as seen above, files stored on the database of a computer screen do not constitute information or confidential information of another person processed, stored, or transmitted by the “information and communications network” as seen above, and there is no other evidence to acknowledge it.

3. The instant facts charged constitute a case where there is no proof of crime, and thus, the Criminal Procedure Act.