The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (2 years and six months of imprisonment, additional collection of KRW 107,00,000) is too unreasonable.

B. In fact 1, misunderstanding of the legal principles and misunderstanding of the data stored in the computer for its own business purpose caused a situation in which it is impossible to normally operate the files deleted from the relevant computer or related devices by eliminating the data stored in the computer for its own business purpose. Therefore, the data processing disorder was practically caused, and the risk of interference with the victim’s business was caused.

The judgment of the court below which acquitted the defendant as to interference with the damage of electronic records, etc. is erroneous in the misapprehension of facts and legal principles.

2) The unfair sentencing sentence of the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment

With regard to the facts charged against the defendant as to the violation of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds, among the facts charged against the defendant, a prosecutor shall change the same contents as the stated in paragraph (2) from among the facts charged "for the judgment again used". Article 3 (1) 2, 3, and 30 of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds changed "Article 3 (1) 1, 2, and 30 of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds" to "Article 3 (1) 1, 2, and 30 of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds," and changed the same contents from the facts charged as stated in paragraph (4) of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds to "a damage to electronic records, etc.", and applied Article 314 (1) and (2) of the Criminal Act to "a change the name of the crime to "a change to the bill of amendment to the Criminal Act".

Article 37 of the Criminal Act provides that the charge of violating the Act on Regulation and Punishment of Concealment of Criminal Proceeds and the remaining guilty part of the indictment is recognized.