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(영문) 부산지방법원 2016.06.02 2016노294
개인정보보호법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (such as two years of suspended sentence for six months of imprisonment, two years of suspended sentence for Defendant B: 10 months of suspended sentence, etc.) is too uneasible.

2. Determination

A. The crime of this case committed by Defendant A is an unfavorable circumstance against Defendant A, for example, that Defendant A’s personal information was requested to identify the personal information while operating the center and requested by the inquireer of personal information to request the personal information of a specific person. Although Defendant A was punished by a fine due to a violation of the Act on the Protection, Use, etc. of Location Information, Defendant A committed the crime of this case. Personal and social damage is anticipated due to the divulgence of personal information, etc., and the crime of this case ordinarily provides a specific person’s personal information requested by the client unlike the divulgence of unspecified number of personal information. As such, a specific person subject to the divulgence is likely to be exposed to a crime. In fact, part of personal information provided to Defendant A by the client was provided as the proviso for preliminary murder, etc.

However, considering the fact that Defendant A led to the instant crime, Defendant A received 10 personal information on eight occasions, and that the gains obtained therefrom are not significant, and other various circumstances that form the conditions for sentencing as shown in the instant records and the previous theories, such as Defendant A’s age, sexual conduct, environment, family relationship, means and consequence of the instant crime, including the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

B. Defendant B’s crime of this case is that Defendant B provided money and valuables to the person who requested the collection of personal information by taking advantage of the status of a communications staff member and provided illegally collected personal information. It is not good that the crime is committed, and personal information is leaked.

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