The judgment below

The guilty part shall be reversed.

The defendant shall be innocent.

1. The lower court found the Defendant guilty of violating the Act on Promotion of Use of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), among the facts charged against the Defendant, as to the violation of the Act on the Protection of Communications Secrets. The Defendant appealed on the part of the lower judgment on the ground of misconception of facts and misapprehension of legal doctrine, and the Prosecutor did not appeal.

Therefore, since the judgment of the court below is separated and confirmed as it is, the non-guilty part is excluded from the scope of the judgment.

Ultimately, among the judgment of the court below, only the guilty portion of the defendant belongs to the scope of the judgment of this court.

2. Summary of grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. The Defendant complied with all relevant laws and regulations regarding the collection of personal information, such as specifying the retention period in the personal information management policy linked to the member subscription column of the website. The Defendant completed the “product purchase procedure” as stated in the facts charged in the instant case.

In that sense, it is difficult to view that the instant personal information falls under “in a case where the purpose has been achieved” under Article 29 of the Information and Communications Network Act, and there was a duty to destroy

shall not be deemed to exist.

B. Since personal information kept by the Defendant is a duty to preserve for a period of five years pursuant to the Act on the Consumer Protection in the Electronic Commerce, Etc. (hereinafter “Electronic Trade Act”) and the Enforcement Decree of the same Act, it cannot be deemed unlawful to keep such information without destroying it.

3. Determination

A. If a provider of information and communications services collects personal information of a user, he/she shall inform the user of all three items, including the purpose of collection and use of personal information, items collected, and the period of possession and use of personal information, and shall also obtain consent from the user, and shall also obtain the purpose of collection, use, or designation of personal