beta
(영문) 대전지방법원 2014.11.19 2014고정1593

개인정보보호법위반

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

No one shall knowingly receive personal information collected in the course of performing his/her duties for profit or for an illegal purpose.

Nevertheless, for the purpose of advertising apartment sales, the Defendant, on August 24, 2013, posted a letter, “personal information seller B” on the bulletin board of the off-line Internet camera, and remitted 50,000 won to the seller, and purchased 271,791 personal information in the attached list, including the name, resident registration number, address, and cell phone number, as the e-mail “C” of the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Personal information e-mail reception data;

1. The application of Acts and subordinate statutes to investigation reports (a copy of the relevant indictment);

1. Article 71 subparagraph 5 of the Personal Information Protection Act applicable to the facts constituting an offense, and Article 71 subparagraph 2 of the same Act that prescribes the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences] 50,000 won or less (the decision of sentencing): favorable circumstances that confession and reflects the fact that the defendant has made a confession and purchased personal information: The defendant's age, occupation, environment, circumstances of the crime of this case (the amount of personal information acquired), details (the amount of personal information acquired), and circumstances after the crime, etc., considered the sentencing conditions stipulated in Article 51 of the Criminal Act and determined the sentence as ordered.