The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months and suspension of qualifications.

1. Summary of grounds for appeal;

A. Defendant 1) Whether K is a North Korean copier or a misunderstanding of legal principles, or not, K was a change in North Korea’s foreign currency punishment, and only replaced the Defendant as a business partnership, and did not order the Defendant as a North Korean copier.

B) Inasmuch as WW materials do not constitute military secrets under the National Security Act, even if collected and delivered, it does not constitute a crime under Article 4(1)2(b) of the National Security Act.

In addition, although the defendant received e-mail the W national text introduction data, English introduction data, double language introduction data, promotional data, news report data, and the ID and password of the web page from Z, there is no fact that the defendant received e-mail to collect and deliver them from KR, or that he received W data obtained from the above route as above.

B) Even if the instant document constitutes a military secret under the National Security Act and the Defendant delivered W document to K, it would be due to an unlawful undercover operation. (2) A espionage due to the leakage of the articles of association and the list of founders of the J Association, and the PTPP introduction data, which the Defendant delivered to K, does not constitute a national secret under the National Security Act.

B) In addition, the Defendant merely delivered the above materials to K for the establishment of the Pyeongtaekyang Office of the J Association, and did not deliver them to K with intent to obtain an order from K or divulge state secrets. C) Accordingly, the Defendant collected and delivered them.

This does not constitute a crime under Article 4 (1) 2 (b) of the National Security Act.

(3) The list of separated families in Pyeongtaek-si areas does not constitute State secrets under the National Security Act. (B) The Defendant confirms the life or death of separated families, or furnal.