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(영문) 수원지방법원 안산지원 2019.05.22 2019고정277

개인정보보호법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a licensed real estate agent operating the D Licensed Real Estate Agent Office in Gwangju in Gwangjin, and Defendant B was a person who has been engaged in the construction of a ship and a charge on the victim E's building introduced through Defendant A, and did not receive the price from the victim, so he did not know the victim's address for civil litigation, etc.

Accordingly, between September 14, 2018 and September 17, 2018, Defendant B asked the above licensed real estate agent office to inform Defendant A of the victim’s address. Defendant A notified Defendant B of the victim’s address that he/she became aware of in the course of mediating a lease contract for the victim’s real estate.

In this way, Defendant A disclosed personal information that he had become aware of in the course of performing his duties, and Defendant B knowingly received personal information for profit or for an illegal purpose.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of content certification (Evidence No. 11);

1. Relevant legal provisions concerning facts constituting an offense and the Defendants who choose punishment: Subparagraph 5 of Article 71 and Subparagraph 2 of Article 59 of the Personal Information Protection Act;

1. Defendants to be suspended from sentence: Fines 1,000,000 won; and

1. Articles 70(1) and 69(2) of the Criminal Act (the conversion of each 100,000 won into one day);

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do