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[1] The criteria for determining whether the act of ""pop-up advertising"" on an Internet webpage constitutes an ""unfair competitive act"" under Article 2 subparagraph 1 (b) of the former Unfair Competition Prevention and Trade Secret Protection Act
[2] In a case where the defendants conducted pop-up advertisements by distributing a program called ""Uplink Solution"" to a large number of unspecified Internet users, and where these acts constituted unfair competitive acts as defined by the former Unfair Competition Prevention and Trade Secret Protection Act, we hold that the judgment below erred in law by misapprehending legal principles
[3] Whether Article 314 (2) of the Criminal Act requires actual impediment in data processing to establish the crime of interference with business using computers, etc. (affirmative)
[4] Where the defendants distributed the program ""Uplink Solution"" to a large number of unspecified Internet users, but where this program did not caus actual impediment to data processing, we we affirm the judgment below that the crime of interference with business using computers, etc. cannot be applied
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