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(영문) 서울중앙지방법원 2020.01.16 2019노2889
개인정보보호법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles: (a) the Defendant retired from B Co., Ltd. on October 15, 2014; (b) at that time, there was no fact with 233 personal information files of the Defendant’s personal information stored in the U.S.B.

② However, around March 201, the Defendant left the above USB from the above company and left it at the Defendant’s house. This is because, around January 201, the Defendant became a debt collector belonging to the above company and was able to use the Defendant’s personal USB and only the security USB provided by the said company, even around March 2011 due to the enactment of the Personal Information Protection Act.

However, the Defendant’s act of taking out the above USB from the above company around March 201, which was previously used by the Defendant around March 201, was conducted before September 201, when the Personal Information Protection Act was enforced, and thus, it cannot be said that the Defendant did not constitute the divulgence under the Personal Information Protection Act, nor had the Defendant intentionally committed the act of leakage.

(3) Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in misapprehending the legal principles on the Act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Judgment on the assertion of mistake of facts or misapprehension of legal principles

A. The summary of the facts charged was that the Defendant, from January 26, 2010 to October 15, 2014, was in charge of debt collection business at B, a non-performing loan recovery company.

On October 15, 2014, the Defendant, at the above company office located on the seventh floor of the Seocho-gu Seoul Metropolitan Government building C, retired from office and did not delete any file containing another person’s personal information, such as the name and resident registration number of 233 debtors stored in the Defendant’s personal USB while retiring, and leaked another person’s personal information without due authority.

(b) judgment;

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