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(영문) 수원지방법원 2014.12.08 2014노6096
개인정보보호법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The crime of this case is determined by taking into account the following factors: (a) the Defendant purchased a large number of unspecified personal information via the Internet; (b) provided loans to those who wish to borrow money by publicizing microcredit to use the settlement of the amount of money by game items; (c) the nature of the crime is inferior in light of the Criminal Procedure Act, the period and frequency of the crime; (d) the Defendant is against the depth of the crime; and (e) the Defendant has been detained for a considerable period of time; (c) the Defendant did not repeat the crime of this case; (d) the Defendant has no record of punishment other than the first type of fine; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., the sentence of the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71 subparagraph 2 of the relevant Act on Criminal facts and Article 71 and Article 18 (1) of the Personal Information Protection Act (the provision of personal information for profit, the choice of imprisonment), Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act (the point of running a credit business without registration, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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