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(영문) 부산지방법원 2020.04.08 2020고정128

개인정보보호법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person working as the head of the Busan branch office of the company B.

With respect to the traffic accident handling of the above insured C, the defendant was in the business management of personal information of the victim of the above traffic accident, such as the name, address, etc. of C, and was requested by C to prepare and request a complaint of the lawsuit for confirmation of the existence of debt to D. Around March 2019, the defendant prepared a complaint of C in his office located in Busan Dong-gu, Busan, and entered the address in the complaint without obtaining D consent, and submitted it to the Daegu District Court racing support of the Daegu District Court 89, Seok-ro, Pack-ro, Busan, on April 3, 2019.

Accordingly, the defendant provided another person with personal information he/she became aware of in the course of his/her duties without any authority, and leaked another person's personal information without legitimate authority or beyond permitted authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A copy of the cost of confirming traffic accidents [this is denied to the effect that the defendant submitted DNA personal information to the court, along with the complaint, and did not inform C of the personal information, but the defendant did not divulge the personal information. However, since the litigation data is in a state of contact with C at any time, the plaintiff, who is the plaintiff, is in a state of contact with C, the argument that it was not leaked because it did not directly provide

1. Subparagraph 5 of Article 71 and subparagraph 2 of Article 59 of the Personal Information Protection Act for a crime; Article 71 subparagraph 6 of the Personal Information Protection Act; Article 71 and subparagraph 3 of Article 59 of the said Act;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

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