The lower court determined that the Defendants’ use of personal information collected from the said users at the time of subscription constituted an act of using the personal information collected from the said users for a purpose other than the purpose of obtaining consent from the said users to arbitrarily charge the prepaid mobile phone at Defendant Company’s expense, among the users who subscribed to the prepaid mobile service of Defendant EF (hereinafter “Defendant Company”).

Therefore, the first instance judgment convicting the Defendant of violating the limitation on the use of personal information under Article 24 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) was affirmed.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the purpose of collecting and using personal information with consent under Article 24 of the Information and Communications Network Act, and the interpretation of the text and text of the disposal document, as

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.