Defendant

U shall be punished by imprisonment with prison labor for one year, by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for eight months.

except that this shall not apply.

Punishment of the crime

Defendant U is the actual operator of “Z”, a substitute driver company, and Defendant A is the actual operator of “F” and “AA”, a substitute driver company, and Defendant V is the actual operator of “AB”, a substitute driver company. Each of the Defendants is a personal information manager who collects, stores, and uses mobile phone numbers, etc., which are personal information of customers for the purpose of operating a substitute driver company.

1. A personal information manager of a defendant shall not divulge personal information he/she has become aware of in the course of performing his/her duties or provide another person with personal information without authority, and shall not knowingly receive such personal information for profit or an unjust purpose;

A. around October 2012, Defendant V sent 569,191 items of the mobile phone number from the above V to e-mail for the promotion of the substitute driving company it operates and attracting customers with knowledge of the fact that Defendant V had no right to provide 569,191 items of the customer mobile phone number which he/she became aware of in the course of performing his/her duties at the Defendant’s residence located in Busan-gu AC, Busan-do. In response, Defendant U sent 350,000 won to the above V in order to promote the substitute driving company it operates and attract customers.

Accordingly, the Defendant provided 569,191 personal information for profit with knowledge of the fact that the above V, a personal information manager, provided personal information without authority.

B. On December 9, 2013, Defendant U was issued a mobile storage medium (USB) with approximately KRW 2,100,000 of a mobile phone number 2,10,000, which he/she had learned in the course of performing his/her duties at AE convenience store located in Busan AD around December 22, 2013, with knowledge that he/she does not have the right to provide it to himself/herself in the course of operating a proxy driving company. In addition, Defendant U received a mobile storage medium (USB) with approximately KRW 2,100,000 from the above AF through AG for the promotion of his/her proxy driving company and attracting customers, and in return, received KRW 8,00,000.