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(영문) 서울중앙지방법원 2016.10.14 2016노2149
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. As to the sentence of the first instance judgment (for defendant A, 2 years of suspended sentence and community service 120 hours in October, confiscation, and 120 hours in prison, 2 years of suspended sentence and community service 120 hours in October), the prosecutor asserts that the above sentence against the defendants is too unfasible, and that the above sentence is too unreasonable, and that the defendant B is too unreasonable.

2. We also examine the prosecutor’s judgment and Defendant B’s assertion of unreasonable sentencing.

The fact that the defendants illegally leaked and distributed personal information is recognized as being used for marketing, and the defendant A is the first offender and the defendant B has no criminal history exceeding the fine, etc. are favorable to the defendants.

However, despite the fact that P (the co-existence of Defendant B) who carried on the business of attracting to join the Internet service conference together was detained as a crime of illegal acquisition of personal information, the Defendants were provided with approximately 2.4 million illegally distributed personal information from the sales of personal information in name for nine months from the sales of personal information in fact, and the quality of the crime is not good, such as continuing to carry on the business by using it. Personal information protection is becoming a serious social problem. Defendant A directly employed and led the business of using illegal personal information, and Defendant B operated the business of this case jointly with Defendant A, such as providing office deposit, monthly rent, etc., and managing funds, and thus, Defendant B could have gained considerable profits.

In addition to the above circumstances, there is no change in the conditions of sentencing that can be newly considered in the appellate court, and other circumstances that form the conditions of sentencing, such as the Defendants’ respective ages, character and conduct, environment, family relationship, health status, motive and circumstance of the crime, means and consequence of the crime, etc., are examined in detail.

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