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(영문) 서울동부지방법원 2014.08.22 2014고정1205

정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)

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

On January 4, 2014, the Defendant: (a) transferred KRW 18,00 to the post office account (D) in the name of a third party designated by the seller in the name of a third party in the name of a seller in the name of a third party (hereinafter “D”) in order to purchase the Internet search from the Defendant’s office located in Gangdong-gu Seoul, Gangdong-gu, Seoul, to purchase the Internet search; and (b) thereafter, sent the personal information (1,800 won per unit) on 10 persons, including the name, ID, password, and gender, of another person.

In addition, from January 4, 2014 to February 17, 2014, the Defendant transferred 368,000 won via the above C’s post office account at least 14 times, as indicated in the list of crimes in the attached Table, to a person who is not eligible for name, and was provided with personal information of 205 persons, including the name, NAV ID, password, date of birth, gender, etc., by being aware of the fact that the personal information was divulged.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation reports (resident registration numbers DB sales writing and identification of the account number), investigation reports (attached to data received from the NAD buyers), investigation reports (attached to data dispatched from the NAVERs); and investigation reports (attached to data dispatched from the NAVVs);

1. Application of the Act and subordinate statutes on the copy of reply data for execution of a warrant of search, seizure, and verification (investigative records No. 31) and the requested response data

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Articles 28-2 (2) of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;