The defendant shall be innocent.

In spite of the fact that no person in charge may damage another person’s information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge another person’s secret, the Defendant, at the C’s office located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, on April 2018, entered the victim D who transferred the status of the head office of the said company to the effect that “the Defendant was suffering from the victim because the Defendant was only 3 million won a monthly wage and only 3 million won,” entered the victim’s ID and password into the C’s head office II m program to gather materials to reflect this on the ground that the Defendant was not examined. After printing out the victim’s benefit statement on the screen, the Defendant taken the screen with his/her handphone.

After that, on May 11, 2018, the Defendant displayed the victim’s wage list photographed and retained to E, a staff member of E at the same sari-dong coffee store in Echeon-si.

Accordingly, the Defendant leaked the victim’s secrets processed, stored, or transmitted through the information and communications network.

Judgment

“Leakage of secrets of another person processed, stored, or transmitted through an information and communications network” under Articles 71(1)1 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. does not mean all the divulgence of secrets of another person. It is reasonable to interpret that a person who has acquired secrets of another person processed, stored, or transmitted through an information and communications network by unlawful means or methods, such as intrusion on an information and communications network, or who has known that such secrets have been acquired through the above methods is limited to the act of informing another person who has yet to know such secrets.

(See Supreme Court Decision 2010Do10576 Decided December 13, 2012, and Supreme Court Decision 2013Do15457 Decided January 15, 2015, etc.). According to the evidence submitted, the Defendant is the head of the headquarters of “C” around February 2018.