All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In order to punish a violation of the Personal Information Protection Act pursuant to Article 70 Subparag. 2 of the said Act, it constitutes “where a person who properly handles personal information acquires personal information by unlawful means, etc.”

However, the Defendant did not obtain or purchase personal information from a seller of personal information, or did not acquire personal information from a person who properly processes personal information, and thus cannot be punished pursuant to the above provision.

B) As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), it cannot be readily concluded that the Defendant’s act of joining the Internet NN site as a member by stealing another’s name constitutes “where it exceeds the legitimate or permitted access authority” prohibited under Article 48(1) of the Information and Communications Network Act or “in cases of intrusion into an information and communications network”.

C) As to the violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “Regulation on Concealment of Criminal Proceeds”), if the Defendant’s act does not constitute a violation of the Personal Information Protection Act or the Information and Communications Network Act, the Defendant concealed the Defendant’s profit of KRW 303,798,400.

shall not be deemed to exist.

2) The punishment sentenced by the lower court (one year and six months of imprisonment, confiscation, additional collection of KRW 303,798,400) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, Article 70 Subparag. 2 of the Personal Information Protection Act provides “a person who acquired personal information processed by another person by fraud or other improper means or means and provided it to a third party for profit or unjust purpose.”