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(영문) 인천지방법원 2015.01.16 2014고정2343

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

On June 21, 2013, the Defendant received 328,490 personal information, such as the name, telephone number, address, etc. of multiple persons, from C, from C, for the purpose of using it for selling its apartment units, from C, and received 328,490 personal information from C, to its Internet mail (ID:D).

Summary of Evidence

1. Partial statement of the defendant (as of the date of the first and fifth trial) ;

1. The legal statement of the witness C, and the witness F's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Data received through e-mail;

1. Determination as to the defendant and his/her defense counsel's assertion as a result of case search (a copy of the judgment attached)

1. Around June 21, 2013, the Defendant and his defense counsel provided a shopping mall sales business to C at the vicinity of the Defendant’s working place, and C was unilaterally sent the said personal information by means of e-mail entered in the Defendant’s name with the indication of the date and time audit, and the Defendant and his defense counsel denied the crime by asserting that there was no provision of personal information for profit or unjust purpose.

2. The following circumstances acknowledged by the evidence duly adopted and examined by this court: (i) the Defendant, as an employee of the aforementioned event of the said event at the time crossing, became aware of C, who sold an apartment building in the vicinity thereof, while engaging in the business related to the sale of the apartment at the above model house; (ii) although not entered the above model house at the time, C was only a pro rata relationship to the extent that the Defendant, etc., who was the employee of the said model voucher, had been provided with the coffee several times; and (iii) on April 30, 2014, C et al. was 277 persons including the Defendant, etc. at the Changwon District Court Msan branch.