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(영문) 서울중앙지방법원 2016.09.22 2016고정822

개인정보보호법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was the president of the “E” private teaching institute operated by D.

A person who manages or has processed personal information shall not damage, destroy, alter, forge, or leak any third person's personal information without due authority or beyond the permitted authority.

Nevertheless, on July 3, 2015, at the above private teaching institute office located in Gangnam-gu Seoul, Seoul, the Defendant sent 5 files, stating the names, schools, grades, class subjects, contact numbers, etc. of students of the above private teaching institute, to his/her own computer, and 8 files, “original information management,” and “original information management,” which came from the above company on July 9, 2015, leaked the personal information of students of the above private teaching institute in a way that he/she left the above file without permission. < Amended by Presidential Decree No. 26548, Jul. 9, 2015>

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to the petition for complaint;

1. Article 71 subparagraph 6 of the Personal Information Protection Act and subparagraph 3 of Article 59 of the Act on the Protection of Personal Information, which is applicable to the facts constituting an offense and the selection of punishment.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his/her defense counsel asserts that the collection of files cannot be seen as leakage only with the fact that the files were downloaded.

However, according to the evidence of each judgment, it is reasonable to view that the Defendant leaked personal information by downloading the file to the student’s personal information and academic achievement level who is irrelevant to his/her duties while moving to a private teaching institute, and by transferring the information for the purpose of handling his/her new duties against the will of the subject of information or the person who manages the existing personal information.