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(영문) 광주지방법원 2019.09.05 2019고정416

개인정보보호법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who has received personal information from a personal information manager shall not use the personal information for any purpose other than the intended purpose of provision, except with separate consent from the data subject.

Around March 10, 2017, the Defendant: (a) at the office of the Seo-gu Seoul Metropolitan Council, Seo-gu Seoul Metropolitan City Branch, in relation to the election of the head of the Jeju District Office, the Defendant: (b) prepared an “written promise of use of personal information and destruction of data”; (c) completed the electoral register stating the name, trade name, contact number, etc. of 179 representatives; and (d) was kept in custody from November 16:19, 2018 to June 25, 2018, the Defendant used the contact number of representatives entered in the said electoral register to 179 representatives, using the contact number of representatives entered in the said electoral register, without obtaining the consent of representatives; (d) was sentenced to a fine for violation of the Personal Information Protection Act; and (e) was sentenced to final judgment by filing a lawsuit against the above Seo-gu Branch; and (e) was transmitted for any purpose other than the purpose of transmitting the text of disciplinary action, other than the title of the Seo-gu Branch.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The Defendant and the defense counsel denied the intent to commit the instant crime, although comprehensively taking account of the following facts acknowledged by the evidence duly adopted and investigated by the instant court: the list of voters of the Jeju Branch (Evidence Nos. 7, 22), the personal information use and the assurance of destruction of data, the pictures sent by the suspect, the written consent to use each personal information, the text message transmission, and the Defendant and the defense counsel.