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The defendant shall be innocent.
Reasons
1. Summary of the facts charged
A. The primary Defendant is a representative director of B company which produces Internet advertising and website.
According to the statement of E around November 4, 2011, the Defendant used the personal information database database management managed by the D Company, a partner company, at the B office located in 606 of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, for the victim E's name, resident number, telephone number, address, etc., and for the new card company's advertisement telemarket.
In order to collect personal information from a customer as above, the Defendant, despite notifying the customer of the collection and use purpose of personal information, items of collected personal information, possession and use period of personal information, and obtained consent for all matters, divulged personal information of the victim without notifying the victim of the above matters.
In light of the applicable provisions of law, it is seen as a mistake of “collected”.
According to the statement of E around November 4, 201, the Defendant used personal information, such as the victim E's name, resident number, telephone number, address, etc., for the purpose of marketing of the new credit card company while collecting and keeping personal information at the request of the D company, the partner company, at the B office operated by the Defendant, which is the 606 office in Bupyeong-si, Seo-si, Seoul Metropolitan City.
2. Determination
A. According to the evidence submitted by the prosecutor of the facts of recognition, D collected the personal information of the E, etc. E at the “F site” upon request from the Dongyang Lifelong on November 2009. D entered into a server consignment agreement with the Defendant operating B upon the occurrence of a problem in its server, and stored the personal information of the said event users in the B server from November 4, 2009 to November 7, 2009, and thereafter DNA stored the B server.