개인정보보호법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (for defendant A: two years of suspended sentence of imprisonment for five months; for defendant B: fine of four million won; for defendant C: fine of four million won; and for confiscation) declared by the court below is too unreasonable.
2. The Defendants are under the order of the entirety of the instant crimes.
In addition, Defendant B and Defendant C filed a petition against Defendant A by gathering the fact that the act of receiving a party member list is subject to criminal punishment, and were prosecuted. Defendant B and Defendant C were not prosecuted with the same content as the above Defendants.
Furthermore, the file of the list of party members sent and received by the Defendants did not correspond to the official list of party members at the time, and information such as telephone numbers was not stated for some party members.
In addition, Defendant B and Defendant C have no record of criminal punishment for election-related crimes until now, etc. should be considered favorable to the Defendants in the course of determining the punishment for the instant crime.
However, in the course of committing the instant crime, the Defendants exchange and receive the roster of party members containing the names, resident registration numbers, the date of joining a political party, the date of recommendation, telephone numbers, party members status, activity status, etc. of the party members, and as such, information that may directly affect individual freedom and rights, and the dignity and value of the information was elected or given for the purpose of acquiring a certain price for such election.
In addition, the Defendants provided and received personal information from 14,00 to 15,000 members each.
Furthermore, Defendant A has a record of criminal punishment of fine of 700,000 won and suspension of sentence due to an election-related crime.
The above favorable circumstances are already reflected in each judgment of the court below.