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All the judgment below is reversed.
Defendants are not guilty.
Reasons
1. The summary of the grounds for appeal collected personal information with the consent of the users.
2. Determination
A. The summary of the facts charged (1) Defendant A, as the representative of B corporation established for the purpose of mobile phone, export line, software consulting/development/supply, etc., was operated from August 29, 2009 to December 201, the business of attracting cell phone subscribers (from December 2010 to December 2, 2010) of KT Dubro and SKS. Defendant A, during the above period, did not obtain the consent of the above Defendant A’s user’s user’s personal information for the purpose of attracting customers with KT and SK cell phone, and did not obtain the aforementioned Defendant’s user’s personal information for the purpose of collecting personal information from a separate customer management system that is neither related to the telecommunications network nor for the purpose of collecting personal information. However, Defendant A did not obtain the aforementioned user’s personal information for the purpose of collecting personal information from the user’s personal information.
B. Comprehensively taking account of the evidence duly adopted and examined by the lower court, the Defendants collected the personal information of the subscribers, while engaging in the business of soliciting subscribers to the Internet website J and K, and collected the personal information of the subscribers, respectively.