The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Mallon or misunderstanding of facts) The computer server installed in the gallonal gallon operated by the Defendant is not intended to operate a personal information file, but does not include a personal information file. Even if a domestic personal information file is included in the computer, the Defendant is an exclusive service (FTP, Filter Proteer) server (hereinafter “instant server”).

Nor did it directed the establishment of a server, nor did it know that the server was operated. Accordingly, the Defendant was not aware of the Act on the Protection of Personal Information (hereinafter “Act”).

(2) A personal information manager’s “duty to take safety measures” as provided by Article 29 of the Act shall not be deemed to be a “personal information manager” as provided by this Act. In March 29, 2011, it was introduced at the time of the amendment of the Act.

9. Since 30.30. The server of this case was established in around 2008 prior to its enforcement, and whether to take measures to prevent the general public from accessing the server is against the principle of no punishment penalty, considering that the above provision should be applied retroactively to the server installed prior to its enforcement.

B. The sentence of an unreasonable sentencing (2 million won of fine) by the lower court is too heavy.

2. Determination

A. As to the misapprehension of the legal doctrine or the assertion of mistake of facts, “personal information” refers to the information about a living individual, which can be identified by his/her name, resident registration number, image, etc. (including the information in question, where it cannot be identified by itself, but can be identified by simple combination with other information).

) The term "personal information file" (paragraph 1) and "personal information file" means a set of personal information systematically arranged or organized in accordance with certain rules so that the personal information can be readily searched (paragraph 4 and "personal information manager" means a personal information file for work purposes.