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(영문) 울산지방법원 2013.09.27 2013노443

개인정보보호법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal includes “documents necessary for other management affairs” under Article 48(9) of the Management Rules. Thus, the defendants’ provision or receipt of the victims’ personal information constitutes “any special provision in the Act or inevitable case to comply with the legal obligations” under Article 15(1)2 of the Personal Information Protection Act, and the defendants are aware that the victims implicitly consented or the proxy of this case is included in “documents necessary for other management affairs” under Article 48(9) of the Management Rules, and there is no legitimate reason for the defendants to be aware of illegality or there is no awareness of illegality. The court below found the defendants to be guilty of the charges of this case because the defendants’ act was just and appropriate means, and thus, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The court below rejected the above assertion on the grounds that the defendants asserted the same as the grounds for appeal in this case and on the grounds that there are various circumstances as stated in its reasoning. If we closely examine the above judgment of the court below by comparing it with records, the judgment of the court below which found the defendants guilty of the facts charged in this case is just and acceptable, and there is no error of law by misunderstanding legal principles as argued by the defendants. Thus, the defendants' assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "defendants" in the 11st sentence of the judgment of the court below shall be dismissed as "victims" ex officio, and the second page of the judgment of the court below shall be dismissed.