CONTENTS
- 1. The Client Who Chose Anyang Law Firm
- - How the Client Came to Choose Anyang Law Firm
- 2. Statutes Relevant to the Case as Explained by Anyang Law Firm
- 3. Anyang Law Firm's Assistance
- - Anyang Law Firm Argument ① Conduct Arising From a Lack of Awareness
- - Anyang Law Firm Argument ② First-Time Offender
- - Anyang Law Firm Argument ③ Letter of Appeal
- 4. The Court's Decision on Anyang Law Firm's Arguments
- - If You Need the Help of Anyang Law Firm
1. The Client Who Chose Anyang Law Firm
Wishing to reduce the sentence for a charge of violation of the Personal Information Protection Act through the firm's systematic legal process, the client proceeded with a consultation at the Anyang office.
How the Client Came to Choose Anyang Law Firm
The client had once filed a criminal complaint against the victim in this case on a charge of 🔗destruction of property.
However, that matter was concluded with a non-prosecution disposition, and the client filed a request for information disclosure with the prosecutors' office in order to learn the reason for the non-prosecution disposition.
The prosecutors' office approved the information disclosure request, and the client's family, acting on the client's behalf, reviewed and copied the interrogation record and delivered it to the client.
While reading the victim's suspect interrogation record, the client came across a page containing the victim's information.
The client photographed that page with a mobile phone and then provided it to a third party.
A person who has received personal information from a personal information controller must not provide that personal information to a third party.
Facing the risk of severe punishment on a charge of 🔗violation of the Personal Information Protection Act, the client chose Anyang Law Firm in order to resolve the matter.
2. Statutes Relevant to the Case as Explained by Anyang Law Firm
The Personal Information Protection Act is a general statute that sets out matters concerning the processing of personal information in order to protect privacy and other interests from the leakage, misuse, and abuse of personal information.
Personal information must be securely protected because others may misuse it for crimes, fraud, and the like.
If a charge of violation of the Personal Information Protection Act is established, punishment may be imposed under the following provisions.
① Using personal information for private purposes: imprisonment for not more than five years or a fine not exceeding fifty million won
② Unlawfully obtaining personal information or collecting location information without authorization: aggravation of eight months to two years
③ Using personal information, credit information, or location information without authorization: aggravation of one year to three years and six months
④ Unlawfully obtaining personal information and then providing it, disclosing credit information, or infringing communications secrets: aggravation of two years to five years
⑤ Obtaining personal information by false or unlawful means and then providing it to a third party for profit or for an unlawful purpose: imprisonment for not more than ten years or a fine not exceeding one hundred million won
🔗What are the punishment provisions for violation of the Personal Information Protection Act?
3. Anyang Law Firm's Assistance
Anyang Law Firm reviewed the case closely and developed a thorough strategy.
In order to reduce the sentence in the case, the firm made the following arguments.
Anyang Law Firm Argument ① Conduct Arising From a Lack of Awareness
The client was unaware that disclosing the information in question was a crime.
The client is deeply ashamed of having committed this offense through a single momentary lapse in judgment and shows deep remorse.
The firm emphasized that the client is firmly resolved never to repeat the same mistake.
Anyang Law Firm Argument ② First-Time Offender
The client had not committed any crime before being charged in this case.
The client has lived a diligent working life throughout and is the head of a household supporting a spouse and three children.
The firm emphasized that the client has no prior record of similar or different offenses and has firm social ties, so that the likelihood of reoffending is very low.
Anyang Law Firm Argument ③ Letter of Appeal
The client's family and acquaintances feel a deep sense of responsibility for the client's offense.
The firm emphasized that they are resolved to support the client so that the same mistake is never repeated, and that they are earnestly pleading for leniency toward the client.
4. The Court's Decision on Anyang Law Firm's Arguments
The court accepted Anyang Law Firm's arguments and imposed a relatively light fine on the client.
The client expressed deep gratitude to Anyang Law Firm.
If You Need the Help of Anyang Law Firm
In cases involving violation of the Personal Information Protection Act, complex issues may arise in the process of leakage, processing, and storage of personal information, so obtaining the assistance of an attorney can be helpful.
At Daeryun Law Firm, attorneys experienced in criminal matters, who develop tailored strategies based on a deep understanding of criminal cases, provide active assistance from the initial consultation through to the conclusion of the case.
Attorneys with extensive know-how gained from handling a wide range of criminal 🔗case studies resolve matters promptly.
If you need the help of an attorney in a situation similar to the case above, please reach out to Anyang Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
