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(영문) 광주지방법원 2015.11.12 2015고정1458

위치정보의보호및이용등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, around May 7, 2015, the Defendant: (a) around May 7, 2015, posted a location tracking device inside the backer of the instant car owned by the victim E in front of the “Ccafeteria” located in the Gero-gun B; and (b) received the location information of the said car from May 7, 2015 to June 26, 2015.

Accordingly, the defendant collected location information of a passenger car, which is a mobile object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of location tracking devices submitted by a victim);

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information

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;