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(영문) 대구지방법원 2015.08.28 2015고정1554

신용정보의이용및보호에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person other than a credit information company, etc. which violates the Use and Protection of Credit Information Act shall find out a certain person's whereabouts or investigate his private life;

The Defendant received KRW 2 million from B during the period from October 16, 2014 to November 1, 2015, and conducted an investigation into the privacy of the victim by notifying the same line to B, etc.

2. No person who violates the Act on the Protection and Use of Location Information shall collect, use, and provide personal location information without the consent of an individual;

On October 16, 2014, the Defendant: (a) installed a location tracking device on the victim’s vehicle located in the Daegu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and conducted an investigation into the victim’s

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each vehicle and location tracking device photograph;

1. Relevant legal provisions concerning facts constituting an offense, Articles 50(3)7 and 40 subparag. 4 of the Act on the Use and Protection of Credit Information in the Selection of Punishment (the occupation of a private life investigation), Articles 40 subparag. 4 and 15(1) of the former Act on the Protection, Use, etc. of Location Information (Amended by Act No. 13203, Feb. 3, 2015); and selection of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;