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(영문) 창원지방법원 2016.09.07 2016노368

개인정보보호법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Separate from the fact that C, the main point of the grounds for appeal, separate from the fact that the Defendant, as the director of the branch office of the Jinju Center Co., Ltd., received a written contract containing the customer’s personal information from its employees and provided the F with the personal information while being kept separately, the Defendant also constitutes a “personal information manager” regardless of whether C, is in the position of “personal information manager” under the Personal Information Protection Act.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In full view of the evidence duly adopted and examined by the court below, the court below's decision that found the defendant not guilty of the facts charged of this case based on the evidence judgment as stated in the judgment below is just and acceptable, and it does not seem that the court below erred by misunderstanding facts or by misunderstanding the legal principles as pointed out by the prosecutor, which affected the conclusion of

Therefore, prosecutor's argument of mistake and misunderstanding of legal principles is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.