정보통신망이용촉진및정보보호등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the judgment of the court below which acquitted the Defendant of the instant facts charged, even though the Defendant did not take technical and managerial measures while managing personal information and leaked it to a third party.
2. Determination
A. The gist of this part of the facts charged is C Co., Ltd. (hereinafter “C”) that sells insurance products, and the overall manager of company’s personal information.
Although a provider, etc. of information and communications services has to take technical and administrative measures to prevent the loss, theft, leakage, alteration, or damage of personal information in handling personal information, the Defendant, while managing the company’s website (E) at C offices located in Seo-gu Daejeon, Seo-gu, Daejeon, and any person on March 12, 2014, when searching the company’s website (E), such as “name” or “resident numbers,” on the C website’s “members’ bulletin board,” the Defendant did not take technical and managerial measures to prevent the leakage of personal information, such as the 135 Mz fire, interest country fire, Dong fire, contractor’s name, contact number, and securities number, and other personal information recorded on the C’s bulletin board (the 48 years old), EX files (the e-mail date, 1202 xls, 1209 xls, 1309 xls, 1309 xls, 1307 xls, etc.).
B. As indicated in the facts charged in the instant case, the Defendant’s failure to take technical and administrative measures to prevent the leakage of personal information does not constitute the elements of Article 73 subparag. 1 of the said Act (if the personal information of the user was lost, stolen, leaked, altered, or damaged thereby).
If so, the facts charged in this case constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.
(c) 1 recognized the decision of the immediate deliberation.