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(영문) 전주지방법원 2015.01.09 2014노1117
공전자기록등위작등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants (the Defendant A: the fine of KRW 7 million, and the fine of KRW 5 million) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. The judgment of this case is that Defendant B collected personal information, such as whether to join the National Health Insurance Corporation, 965 graduates, upon request from Defendant B for the purpose of confirming the employment of graduates from the J University. The nature of the crime is not good, and the number of leaked personal information is considerably damaged. Defendant A knew that his public official should not leak his personal information, etc., the fact that there is a high possibility of criticism in light of the fact that Defendant A committed the crime of this case, which is unfavorable to the Defendants. Defendant B was aware of the fact that the Defendants did not divulge his personal information, and reported to the school by ascertaining only unemployed among graduates after receiving personal information, and the documents containing personal information are deemed to have broken. Since the documents were deemed to have been destroyed, the second crime of this case is deemed to have been used for the purpose of confirming the employment of graduates from the J University, and used for the actual purpose, and there is no difference between the cases where an individual for-profit business operator is provided with personal information for the purpose of profit-making, and there is no reason to impose excessive punishment against the Defendants on each of the above circumstances.

3. Conclusion.

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