The defendant shall be innocent.

1. The summary of the facts charged in the instant case refers to information about a living person, including the full name, resident registration number, etc., by which the individual can be identified (including information by which the individual cannot be identified but can be identified through simple combination with other information);

In addition, even if a person who manages such personal information for business purposes is prohibited from divulging another person's personal information without due authority, the defendant taken the name, sex, hospitalization, age, hospitalization date, etc. of D's personal information using his/her cell phone without the patient D's consent at the hospital C Hospital 526 located in Dobong-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around April 19, 2013, and then divulged such personal information by transmitting it to friendly job offers E.

2. However, the prosecutor asks for the application of Article 71 subparag. 6 and Article 59 subparag. 3 of the Personal Information Protection Act to the facts charged in this case.

However, it is clear that the offender of the above punishment law is limited to "a person who manages or processed personal information" under the law, and according to Article 2 subparagraph 5 of the Personal Information Protection Act, "personal information manager" means "a public institution, corporation, organization, individual, etc. that processes personal information directly or through another person to operate personal information files for business purposes." According to Article 2 subparagraph 4 of the same Act, "personal information file" means "the collection of personal information that is systematically arranged or organized in accordance with certain rules so that it can be easily searched," and according to records, the defendant is a hospital intern, and the defendant is merely a photo taken by the friendship E who takes a film photograph and wishes to know that he/she would have a ward structure, and only manages and manages the personal information files systematically composed of the defendant's business purposes.