The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the Defendant violated Article 29 of the above Act and rejected all the grounds for appeal as to mistake of facts or misapprehension of legal principles unless the Defendant takes necessary measures to ensure the safety of personal information after the enforcement of the above Act.

The ground of appeal disputing such fact-finding by the lower court is merely an error of the lower court’s determination on evidence selection and probative value belonging to the free judgment of the fact-finding court.

In addition, even when examining the reasoning of the lower judgment in light of the relevant statutes and the aforementioned legal principles as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the interpretation and application of personal information files and personal information controllers and the principle of no penalty surcharge payment or by exceeding the bounds of the principle of free evaluation

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.