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(영문) 창원지방법원 2014.10.02 2014노1411
정보통신망이용촉진및정보보호등에관한법률위반
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendants' respective punishments (one year of imprisonment, ten months of imprisonment and confiscation, and eight months of imprisonment) declared by the court below are too unreasonable, and the prosecutor asserts that the above punishments are too unfasible and unfair.

2. Determination

A. The part against Defendant A recognizes all of the instant crimes and is against Defendant A; Defendant A has no other penal force except for those subject to the instant punishment on or around 2010 for the violation of the Road Traffic Act (driving). There are family members to support; Defendant A has no evidence to deem that personal information provided to a third party was disseminated or leaked; etc. are favorable to Defendant A.

However, since the crime of this case was provided by Defendant A through Defendant C with more than 4.89 million personal information, not only damage caused by the divulgence of personal information itself, but also 2 and 3 damage caused by leaked personal information, and trust in the safety of information and communications network was damaged, and the increase in social costs for complying with this is becoming a serious social issue, it is necessary to strictly punish Defendant A to receive personal information for profit-making purposes despite being aware of the leakage of personal information. Among the above personal information, detailed and specific personal information such as the name and resident registration number of the individual, address, workplace, card number, number of overdues, number of overdues, number of loan institutions, annual income, etc., and Defendant A also conducted loan brokerage business using personal information received as above is disadvantageous to Defendant A.

Each of the above circumstances is equal to the criminal punishment for the crime of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. related to H and other similar crimes.

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