The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. Prosecutor 1) As to the part of the lower judgment not guilty of mistake of facts and misapprehension of legal doctrine, the part of the lower judgment that acquitted the Defendant (so-called “N”, hereinafter “N”).

(2) The lower court recognized the fact that the Defendant violated another person’s secrets, such as credit card information processed, stored, or transmitted through an information and communications network using the server provided by the Defendant. 2) The lower court’s sentence of unreasonable sentencing (one month of imprisonment) is too uneasible and unfair.

B. Defendant 1) Defendant 1 did not know that “N” distributed malicious programs using the server provided by the Defendant with regard to the convicted portion of the lower judgment of erroneous determination of facts, and the lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

(a) No person who has the gist of this part of the facts charged shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge another person's confidential information;

Nevertheless, the Defendant issued two copies of the G server to a person who has no name in the name in the date and place recorded in the facts of the crime in the judgment below, and the name in the name in the same manner as the facts of the crime in the judgment below, and installed a malicious program in M 13 by intrusion into the G server (FTP) which can control the ATM machine established and operated in the LU, and then transmitted a total of 23,110 credit card information (credit card number, account number, balance, and password) as shown in the attached Table (2) of the judgment of the court below by storing the information leaked from the Defendant in the G server (I) received from the Defendant.

Accordingly, the Defendant aided and abetted the Defendant by being aware of the fact that he violated other persons’ secrets, such as credit card information processed, stored, or transmitted through the information and communications network.

B. The lower court’s judgment was submitted by the prosecutor.