사기등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than one year and two months.
Defendant
A.
1. Summary of grounds for appeal;
A. Article 49-2(1) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information Protection, Etc.) provides that “No one shall collect another person’s information or induce another person to provide another person’s information through an information and communications network.” Since customers who provided personal information to the defendant for the opening of a mobile phone are deemed to have consented to the use of such personal information, the Defendant is not a method of collecting personal information, and thus, does not constitute a crime of violating the said Act. 2) In light of the degree of the Defendant’s participation in unfair sentencing and the size
B. Defendant B (unfair punishment) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.
2. Judgment on Defendant A’s assertion
A. The following circumstances acknowledged by the court below as a whole based on the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, i.e., the personal information collected by the defendant is collected by TM business entities in pretending to harm small loans. The personal information, such as identification card copies, certificates of personal seal impression, account numbers, etc., is provided to the provider of the information for the purpose of obtaining small loans that the provider of the information would open to his/her mobile phone using his/her personal information; ii) the opening of the mobile phone using the collected personal information and transfer it to the provider of personal information only KRW 150,000,000, which is part of the opening allowances, and then the provider of the mobile phone arbitrarily disposes of the mobile phone at the mobile phone sales store, and the provider