The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the following circumstances, the lower court found the Defendant guilty of the instant facts charged, which erred by misapprehending the legal doctrine.

1) Before posting a file containing the personal information of seven certified intermediaries including the victim D (hereinafter “victims, etc.”) or a member mine column in question, the Defendant took measures to treat a part of the name, resident registration number, and mobile phone number in advance so as to make it impossible for the Defendant to identify himself/herself. Thus, it cannot be deemed as constituting “personal information” as stipulated in the Personal Information Protection Act.

2) In particular, in the case of victim D, the name of the authorized broker, name of the office of establishment, address and telephone number of the place of business, establishment registration number, personal registration number, date of personal registration, situation code, and membership classification among the items posted by the defendant included in the file constitutes information in which anyone can search and output without restriction, as it is disclosed to the general public on the website established in the Ministry of Land, Transport, Korea Land Information System, and the Gu office having jurisdiction over the place of business.

This does not constitute “personal information known to him/her in the course of performing his/her duties” under Article 59(2) of the Personal Information Protection Act.

3) The Defendant posted a file containing personal information of the victim, etc. on the Internet for the public interest, not for an individual’s interest.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant divulged personal information that he/she learned in the course of performing his/her duties.

Since the defendant's assertion of facts is acceptable.

1) Article 2 Subparag. 1 of the Personal Information Protection Act (hereinafter “Personal Information Protection Act”) provides information on an individual who is living together with “personal information,” such as name, resident registration number, images,