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(영문) 서울중앙지방법원 2020.06.11 2020고단1119

위치정보의보호및이용등에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

【Defendant A’s Criminal Power】 Defendant A was sentenced to a suspended sentence of 8 months for a violation of the Act on the Protection, Use, etc. of Location Information at the Seoul Central District Court on February 14, 2019, and the same year.

9.6 The judgment became final and conclusive.

【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, Defendant A requested the location tracking of the above victim B, who was operating the so-called 'E' around February 20, 2018, when he was suspected that wife C and victim D were in in inhumanial relationship. Defendant B received 2.8 million won from Defendant A in return for tracking the location tracking and accepted Defendant B’s request for location tracking.

In addition, the Defendants informed Defendant B of the victim’s address, vehicle type, number, etc. on February 20, 2018, and Defendant B attached one location tracking device on the left upper part of the G ASEAN A6 car parking lot operated by the victim D at the F apartment parking lot in Gyeonggi-gu, Gwangju-si, and collected the victim’s location information by using the “H”, which is the location tracking mobile phone display case by February 27, 2018, and provided the victim’s location information to Defendant A through the mobile Kakao (ID “I”, “J, etc.”).

Accordingly, the Defendants conspired to collect personal location information of the victim without the consent of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Investigation reports (verification of the nominal name of the location tracking device, telephone conversations of the nominal name of the location tracking device, and submission of evidential data on the termination of suspect terminals);

1. K's certificate of fact;

1. The Kakao Stockholm content, the response to the request for the provision of communications data,