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(영문) 광주지방법원 2016.09.22 2015노2995
개인정보보호법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

2. The fact that the judgment defendant reflects his mistake, and that it is the primary offender is favorable to the defendant.

On the other hand, the following is disadvantageous.

The crime of this case is an illegal acquisition of about 10,000 personal information by the Defendant, and a loan brokerage against 46 persons who wish to borrow by misrepresenting themselves without registering a loan brokerage business for about five months, and the crime is not good.

In the situation where the importance of personal information is growing, it is necessary to strictly punish not only the leaked person but also the person who illegally acquires and uses personal information.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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