The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The crime of this case was committed by the Defendant’s deletion of electronic documents, etc. used by the Defendant in relation to the stock company that transferred to the victim, and the nature of the crime is not weak.

This is disadvantageous to the defendant.

It seems that the degree of damage caused by interference with business was not significant due to the restoration of electronic documents, etc. deleted by the crime of this case within several days, and the adjustment of the contents that the defendant pays money to the victim in a civil lawsuit between the defendant and the victim seems to have been partly recovered, and the fact that the defendant has no same criminal record is favorable to the defendant.

In addition, if all of the sentencing conditions indicated in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, prior to the grounds for sentencing, shall be determined as ordered by taking account of the fact of reversal.