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(영문) 의정부지방법원 2016.11.24 2016고정1135

개인정보보호법위반등

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The Defendant, from February 11, 2015 to September 30, 2015, worked for the old viewing tax and D Team, and took charge of E, etc.

1. No person who processes personal information in violation of the Personal Information Protection Act shall acquire such personal information by fraud or other improper means;

Nevertheless, at around 09:20 on September 1, 2015, the Defendant, as a personal information manager, accessed the Defendant’s vehicle number “H” in the old Viewing Tax Office and the Ministry of Land, Infrastructure and Transport system to be for business purposes, and then illegally acquired the victims’ resident registration number by inputting the victim F and G vehicle number “H” and reading the register of automobiles regardless of the work.

2. A person who intends to obtain personal credit information from a credit bureau in violation of the Use and Protection of Credit Information Act shall obtain consent from the relevant individual in writing, etc.;

Nevertheless, at around 10:00 on September 1, 2015, the Defendant was provided with personal credit information, such as credit opening information, transaction agency information, court obligation information, and information on default on national health insurance, by accessing the “credit information service” system provided by the Age Evaluation Information (State) to IMO for the Defendant’s business purpose, and inputting the resident registration numbers of the victims discovered by the methods as described in paragraph (1) without obtaining consent from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to notify consolidated inquiry records, credit rating inquiry records, inquiry records, etc.;

1. Article 72 Subparag. 2 of the relevant Act and Article 59 Subparag. 1 of the Personal Information Protection Act (the acquisition of personal information by unlawful means) regarding facts constituting an offense, and Articles 50(1)4 and 32(2) of the former Use and Protection of Credit Information Act (Amended by Act No. 13216, Mar. 11, 2015).