The defendant shall be innocent.

A. misunderstanding of facts and misapprehension of legal principles

Around June 2008, when the defendant works as a credit loan broker, etc. at the non-indicted 1 corporation, the defendant could not be punished as a violation of the Use and Protection of Credit Information Act inasmuch as it is not proved that the owner of credit information did not consent to the provision of a third party with respect to the source of the above personal credit information and the above personal credit information, and it cannot be viewed that the defendant used the above provision of a loan brokerage to the extent that the defendant attempted several times as above, the court below's judgment convicting the defendant of the facts charged in this case is erroneous or erroneous in the misapprehension of legal principles as to the Use and Protection of Credit Information Act, which affected the conclusion of the judgment.

B. Unreasonable sentencing

Even if the defendant is found guilty, considering the fact that the extent of the defendant's use of the above personal credit information is very minor, the fact that there is no criminal record for the same kind of crime, and the equity with the related persons who have been prosecuted and punished separately, the punishment (6 months of imprisonment and 2 years of suspended execution) imposed by the court below is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

The summary of the facts charged of this case must be provided and used only for the purpose of determining whether to build and maintain a commercial transaction relationship, including financial transactions, with the relevant owner of credit information. Nevertheless, around June 10, 2008, the Defendant was found guilty of using the above personal credit information as a whole by taking account of the following facts: (a) Nonindicted 3, etc., who received a loan from a person who was unable to know the name introduced from Nonindicted 2 at the e-mail branch office located in Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government, in addition to the above legitimate purpose; (b) the X-cell file containing personal credit information such as the name, age, sex, mobile phone number, workplace name, marketing number, and workplace telephone number; (c) the EX file borrowed from Nonindicted 4, 423, who received a loan from a lending company; and (d) the EX file containing personal credit information such as personal credit information was provided for more than 15,92, and thus, (e) the Defendant was convicted of using the above personal credit information.

3. Ex officio determination

A. Relevant provisions

As to the facts charged in this case, the applicable provisions of this Act, which are the basis for prohibition and punishment, are as follows.

Use and Protection of Credit Information Act (before the whole amendment by Act No. 9617, Apr. 1, 2009)

The purpose of this Act is to contribute to the establishment of a sound credit order by promoting the credit information business in a sound manner, pursuing the efficient utilization and systematic management of credit information, and protecting privacy, etc. from the misuse and abuse of credit information properly.

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

6. The term "credit information provider/user" means a person prescribed by Presidential Decree, who provides credit information obtained or created in connection with his/her business for commercial transactions, such as financial transactions with customers, to credit information dealers or credit information collection agencies, or who continuously receives credit information from credit information dealers or credit information collection agencies and uses it for their own business

(1) Where a credit information provider/user intends to provide credit information (hereinafter referred to as "personal credit information") to credit information dealers, etc. with the following personal information, etc., he/she shall obtain consent in accordance with methods prescribed by Presidential Decree, such as inputting the personal identification number by wire or wireless communication that ensures stability and reliability of the consent to provide such information, in consideration of the details and purpose, etc. of the provision of a written document, a certified electronic signature (referring to an electronic document defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Commerce; hereinafter the same shall apply) or other personal credit information in which the relevant individual has a certified digital signature (referring to the certified digital signature defined in subparagraph 3 of Article 2 of the Digital Signature Act; hereinafter the same shall apply), or

1. Information or data concerning the details of financial transactions as provided for in Article 4 of the Act on Real Name Financial Transactions and Guarantee of Secrecy;

2. Information concerning personal illness;

3. Information by which an individual can be identified, such as his/her name, address, resident registration number (foreign registration number or passport number in cases of foreigners), gender, nationality, occupation, etc.;

4. Other personal credit information prescribed by Presidential Decree.

(2) Notwithstanding the provisions of paragraph (1), where a credit information provider/user intends to provide information falling under paragraph (1) 3 among personal credit information, it may provide the credit information dealers, etc. with such information by means of telephone or by means of indication of consent in the column of consent on the Internet homepage by the principal.

Article 24 (Restrictions on Provision and Use of Personal Credit Information) (1) Personal credit information shall be provided and used only for the purpose of determining whether a commercial transaction relationship (excluding employment relationship), such as financial transactions, with the relevant owner of credit information, is established and maintained: Provided, That this shall not apply to any of the following cases:

1. Where an individual consents to the provision and use of a commercial transaction relationship, including financial transactions, for other than the purpose of determining whether to build and maintain such commercial transaction relationship, or where his/her own credit information is provided by an individual in writing or by

2. Where it is provided and used by an order to submit a report issued by the court or by a warrant issued by a judge;

2-2. Where a crime is committed in an imminent situation, such as where the victim's life or body is anticipated to be seriously injured, and there is no time to obtain a judge's warrant under subparagraph 2, and it is provided or used at the request of a public prosecutor or judicial police officer. In such cases, the public prosecutor provided with personal credit information shall, without delay, request a warrant from the judge, and the judicial police officer shall request a warrant from the prosecutor who is requested for the warrant by the judicial police officer, and where the warrant is not issued within 36 hours after receipt of the personal

3. Where information is provided and used to centrally manage and utilize credit information dealers and credit information collection agencies;

4. Where such data is provided and used as the head of a competent government office requests in writing for the purpose of questioning and investigation under the provisions of tax-related Acts, or demands the taxation data to be submitted under the provisions of tax-related Acts;

5. Where such information is provided and used in accordance with the provisions of other Acts.

6. Where such information is provided and used for the purposes prescribed by Presidential Decree, such as debt collection, authorization, or permission.

(2) Any operator of credit information business, etc. shall confirm the identity and purpose of use of a client, as determined by the Financial Services Commission.

(2) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

7. A person who violates the provisions of Article 24 (1);

(b) Scope of application of Article 24 (1) of the Use and Protection of Credit Information Act;

However, in light of the legislative intent of Articles 24(1) and 32(2)7 of the Credit Information Use and Protection Act, the Defendant is not a credit information provider/user, credit information dealer, credit information collection agency, and credit information collection agency, which are stipulated in Article 2 of the Credit Information Use and Protection Act (hereinafter “Credit Information Act”), and thus, there is a problem as to whether the above provision of the Act can be interpreted as included in general delivery of Defendant, other than credit information providers/user, credit information dealers, and credit information collection agency, who are subject to prohibition and punishment.

(4) Article 24 (1) of the Act on Promotion, etc. of Credit Information and Communications Network Utilization and Information and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection, Etc. (hereinafter “Credit Information Protection and Communications Network Utilization and Information Protection and Communications Network Act”) provides that “The above provision shall be imposed only upon the credit information dealers, etc., who violated the provisions of Article 24 (1) of the Act.” Article 24 (1) of the same Act provides that “If the credit information dealers, etc., who violated the Act on Promotion, etc. of Credit Information and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection and Credit Information Protection and Communications Network Utilization and Information Protection and Information Protection, etc. (hereinafter “Credit Information Information Information Information Protection and Communications Network Utilization and Information Protection and Information Protection Act”) shall be regulated and Information Protection and Information Protection Act.”

C. Sub-decision

Nevertheless, the prosecutor prosecuted the defendant as a violation of Articles 32(2)7 and 24(1) of the Credit Information Act on the premise that the act of this case by the general defendant who is not included in credit information dealers, etc. was provided with personal credit information leaked from the injured party and used the personal credit information that constitutes a violation of Article 24(1) of the Credit Information Act. The court below also accepted such premise and convicted the defendant of the facts charged of this case. However, the judgment of the court below is erroneous in the misapprehension of legal principles as to Article 24(1) of the Credit Information Act, which affected the conclusion of the judgment.

4. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed, and it is again decided as follows after pleading.

The summary of the facts charged of this case is the same as that of the above Paragraph 2, and it constitutes a case that is not a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

Judges Kim Jong-chul (Presiding Judge)