The judgment of the court below is reversed.

Defendants shall be punished by a fine of two million won.

The above fine shall not be paid by the Defendants.

1. The summary of the grounds for appeal is unreasonable because each punishment of fine of three million won imposed by the court below against the Defendants is too unreasonable.

2. The judgment is based on the following facts: (a) although the Defendants were to act as an exemplary teacher, they committed each of the crimes of this case using personal information of students without permission, and therefore, their criminal liability is heavy; (b) however, each of the crimes of this case is deemed to be aimed at promoting the interests of the Defendants, rather than for promoting the interests of the Defendants; (c) Defendant A had been engaged in the duty of care in good faith since 1975; and (d) Defendant A had served as a public educational official since 1985; and (e) Defendant B had no specific criminal power other than a single type of fine; and (e) Defendant B had no other criminal power other than Defendant B’s age, family relation, character and conduct, environment, means, and consequence, the sentence imposed by the court below against the Defendants is too unreasonable. Thus, each of the above arguments by the Defendants are justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants related to the relevant criminal facts: Articles 232-2 and 31 of the Criminal Act; Articles 234, 232-2, and 31 of the Criminal Act; Articles 71 subparagraph 1 and 17 (1) of the Personal Information Protection Act; Article 31 of the Criminal Act (the occupation of a teacher to provide non-exclusive personal information)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment.