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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
However, for the period of three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)
A. The Defendant was guilty of the Defendant on the part of the facts charged in the instant case, which did not err by misunderstanding the facts or by misapprehending the legal principles, even though he/she did not directly provide legal counseling or arrange for legal counseling, although he/she merely delivered the collected personal information to the pertinent legal office with the delegation of advertising by the law office which wants to recruit customers of bankruptcy and rehabilitation on behalf of others.
B. The payment received from the legal office that sold personal information by the Defendant includes the consideration for affiliated private corporation AE (hereinafter referred to as partnership company) (the ratio of partnership company No. 1: association company No. 4) and the legal office that pays the consideration also paid with the knowledge of such circumstances. Thus, the amount paid to partnership company through the Defendant is not the cost paid by the Defendant in the course of the instant crime, but the distribution of profits arising from the instant crime. However, the judgment of the court below that collected the full amount from the Defendant is erroneous by misapprehending the legal principles or misapprehending the legal principles.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment as stated in the [Attachment 1] before the judgment on the grounds for appeal by the Defendant’s ex officio, and the Prosecutor applied for changes in the indictment as stated in the [Attachment 1]. Since this Court permitted changes in the subject of the judgment by this case, the
3. We examine the above ex officio reversal ground as to the mistake of facts or misapprehension of legal principles as to the defendant's assertion of mistake of facts or misapprehension of legal principles, since the judgment of this court is still necessary.
A. (i) The summary of the argument is that the Internet user of the CPA (hereinafter referred to as the “CPA”) is connected to the advertiser’s profit.