A. Defendant A did not go through B’s wife B, and received a request from B to request for the pollution of pictures taken with the non-wheeled surface of C, and received KRW 3,300,000 from B on November 5, 2016, Defendant C did not go through C from his residence located in Sung-gu, Sungwon-si, Sungwon-si, Busan, and transmitted to B a photograph taken with his name and a photograph taken by C at a place of access to the said hotel at around 16:00 on the same day.

As a result, the Defendant provided C’s photograph, which is personal information, to B without the consent of C, which is the subject of information.

B. On November 5, 2016, Defendant B, while knowing that A did not obtain the consent of C, was provided with photographs taken by A, which had been taken by a male infinite name and the entrance to the said hotel.

As a result, the Defendant was provided with C’s photograph even without the consent of C, which is the subject of information.

2. Article 71 Subparag. 1 of the Personal Information Protection Act provides that a person who provides a third party with personal information without the consent of a subject of information in violation of Article 17(1) and a person who receives such personal information with the knowledge of such fact shall be punished. Article 17(1) provides that a “personal information manager” may obtain consent from a subject of information or provide such personal information within the scope of the intended purpose of collection. As such, the act of providing personal information by a “personal information manager” and the act of receiving such personal information without permission is punished pursuant to Articles 71 Subparag. 1 and 17(1) of the aforementioned Act.

Therefore, the premise for recognizing the facts charged in the instant case is whether Defendant A constitutes “personal information manager” or “personal information manager.”

In Article 2, subparagraph 5 of the Personal Information Protection Act of Korea, "Personal Information manager" is to operate a personal information file for the purpose of performing his/her duties.