The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The facts charged in the instant case are as follows: “Leakage of personal information” and the facts charged in itself constitutes “Leakage of another person’s confidential information.”

B. In light of the fact that the personal information of this case is about 30,000 cases and its contents are described collectively, the above personal information is deemed to have been acquired by unlawful means, such as intrusion upon the information and communications network, and according to the evidence submitted by the prosecutor, the defendant was aware of the above circumstances, even if there were no negligence.

may be seen.

(c)

However, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. No person who outlines the facts charged shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe on, misappropriate, or divulge another person's confidential information;

Nevertheless, around March 7, 2012, the Defendant, in collusion with D, posted an advertisement stating that “Personal Information (DB)” is “pop-up” on the Internet Blob, at the address location (hereinafter referred to as “Pop-up”), and then sent personal information (DB) including 28,106 names, addresses, resident registration numbers, addresses, and contact numbers, to the credit service provider E, who reported and contacted, by e-mail, and received 40,000 won in return.

3. Judgment on the grounds for appeal

A. The lower court’s judgment: (a) Article 49 (hereinafter “instant provision”) of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) does not impair another person’s information processed, stored, or transmitted through an information and communications network, or infringe, misappropriate, or divulge another person’s confidential information.

“On the other hand, in violation of Article 71(11), it damages another person’s information or infringes another person’s secret in violation of Article 49.