The prosecutor's appeal is dismissed.

1. The act of storing video images recorded in CCTV in a storage medium separately in order to submit them as evidence for civil action also constitutes “operation” of video information processing devices for any purpose other than the purpose of installation of video information processing devices prohibited under Article 25(5) of the Personal Information Protection Act.

The Defendant installed CCTV for the purpose of favorable use in civil litigation, and stored images in which the privacy of the victim was stored by arbitrarily manipulating CCTV storage devices, etc.

Nevertheless, the judgment of the court below which acquitted the defendant about the facts charged of this case is erroneous in misconception of facts.

2. Determination

A. The summary of the facts charged is the lodging business entity.

An operator of image data processing equipment shall not arbitrarily handle the image data processing equipment for any purpose other than the purpose of installation, shoot other locations, or use a recording function.

Nevertheless, at around November 22, 201 and around December 15, 2011 of the same year, the Defendant installed 16 CCTVs, which are visual data processing devices, on two occasions, from the ‘D' operated by the Defendant in Daejeon-gu, Daejeon-gu, in light of the crime prevention, fire prevention, and facility safety management, which are the initial purpose of installation, and the crime prevention, fire prevention, and facility safety management, etc. among these, the Defendant operated four of the above CCTVs in light of the direction of four of the above CCTVs and the residential building direction of the victim, as well as the above 16 of the said CCTVs, for the purpose of monitoring the victim's movement in order to secure evidence favorable to civil disputes in the future.

Accordingly, the Defendant, as an operator of visual data processing devices, used visual data processing devices for any purpose other than the purpose of installation of visual data processing devices.

(b).