Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

1. A or unemployed;

2.B or loan brokerage business;

3. C and loan brokerage business:

4. D or credit brokerage business.

Transition iron-type (prosecution), type of transmission, type of immigration trial (public trial)

Attorney Kwon Soon-soo (for the defendant A and D)

Law Firm studio (for the defendant B)

[Defendant-Appellant]

Law Firm Future (for Defendant C)

Attorney Lee Jae-chul

June 3, 2014

Defendant B and D shall be punished by imprisonment for one year, Defendant A and C, respectively, and by imprisonment for ten months.

Criminal History Office

1. Defendant A

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Although the Defendant, who is engaged in loan brokerage business, was aware of the fact that F was illegally collected personal information at the office of loan brokerage companies operated by the Defendant located in Mapo-gu Seoul Metropolitan Government on March 2013, 2013, the Defendant was provided with approximately 30,000 credit card companies’ personal information (name, resident registration number, cell phone number, address, workplace name, etc.) by informing F of the Defendant’s e-mail account and password for the purpose of loan brokerage business, etc., and allowing F to conduct business by accessing the above e-mail. From that time, the Defendant was provided with personal information of about 30,000 credit card companies illegally collected six times in total with the intention of using it for loan brokerage business, etc. as shown in the list of crimes (Attachment 1) by August 2013, 2013.

2. Defendant B

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Although the Defendant, who is engaged in loan brokerage business, was aware of the fact that F is illegally collected personal information at the loan brokerage office office operated by the Defendant in G at the Haman Government on September 2013, 2013, the Defendant received personal information from credit card companies customers by receiving from F, approximately five hundred thousand credit card companies’ personal information (name, resident registration number, cell phone number, address, workplace name, etc.) from F for the purpose of loan brokerage business, etc.

3. Defendant C.

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Although the Defendant, who is engaged in loan brokerage business, was aware of the fact that F was illegally collected personal information at the office of loan brokerage operated by the Defendant Ha, the Defendant was provided with personal information of about five thousand credit card companies customers (name, resident registration number, cell phone number, address, workplace name, etc.) by informing F of the Defendant’s e-mail account and password for the purpose of loan brokerage business, etc., and allowing F to conduct business by accessing the above e-mail, from that time to August 2013, 2013, the Defendant was provided with personal information of about one hundred and fifty thousand customers of credit card companies (name, resident registration number, cell phone number, address, workplace name, etc.).

4. Defendant D

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Although the Defendant, who is engaged in loan brokerage business, was aware of the fact that F was illegally collected personal information at the office of loan brokerage companies run by the Defendant in Yongsan-gu, Youngdong-gu, Busan, on December 2012, 201, the Defendant received approximately 20,00 credit card companies’ personal information (name, resident registration number, cell phone number, address, workplace name, etc.) from F by informing F of the Defendant’s e-mail account and password for the purpose of loan brokerage business, etc., and allowing F to provide personal information (name, resident registration number, cell phone number, address, and workplace name, etc.) by accessing the above e-mail, from that time to June 2013, the Defendant received each personal information of approximately 410,00 credit card companies illegally collected five times in total from F for the purpose of using it for loan brokerage business, etc., as shown in the list of crimes

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of examination of suspect regarding F by the prosecution;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 71 subparag. 6 and 28-2(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

2. Aggravation for concurrent crimes;

Defendant A, C, and D: The leakage and illegal collection of personal information managed and protected by financial institutions, etc. with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are serious and serious damage caused by the leaked personal information as well as the secondary and third damage caused by the leaked personal information. This is due to damage to the trust in the safety of the information and communications network, and there is a huge social cost to pay for recovery. Therefore, there is a need for strict punishment for such crime. The amount of personal information provided for profit-making by the Defendants despite being aware of the divulgence of personal information is very serious. In light of the fact that the defendants' personal information was leaked, it is inevitable to sentence the Defendants with a considerable period of punishment: Provided, That it is a first offender with no record of crime; Defendant B, C, and D has no record of punishment for the same kind of crime; and Defendant C, C, and D has a family member to support the Defendants; taking into account other favorable circumstances, the motive and background of the crime in this case; details of the crime and circumstances collected personal information.

Judges and Tax Judges