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(영문) 서울중앙지방법원 2015.01.08 2014고단8941

정보통신망이용촉진및정보보호등에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. at the Seoul Central District Court for the same year.

8. 11. The sentence became final and conclusive.

The defendant purchased a large quantity of personal information divulged on a website and then sent a variety of advertising pages to unspecified website members to gain profits, such as advertising fees, is a personal information sales store.

1. A person who violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall not be knowingly provided with personal information for profit or for any other wrongful purpose despite being aware of the divulgence of such personal information. On November 201, 201, the Defendant received approximately 2,472,340 of J members information, including the name, resident registration number, telephone number, etc. of “D, E, F,G, H, I”, “G, H, I” from the sales of personal information for the purpose of using the personal information in the advertisement office of an advertising company located in Mapo-gu Seoul Metropolitan Government for the Defendant’s management of Mapo-gu, and received the personal information for profit or for any other wrongful purpose with knowledge of the fact that the personal information was divulged using the NAN type, ② J01 xls, ② J02 xlxlx, ③ J03 xlxls, ④ J04 xlsxls, ⑤ J06 xlsxls.

2. A person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Leakage, etc. of Personal Information) shall not infringe, use, or divulge another person’s confidential information processed, stored, or transmitted through an information and communications network, but the Defendant disclosed another person’s confidential information by storing and delivering to M, around December 201, approximately 2,742,340 cases of personal information provided and kept in the office of Yongsan-gu and the second-rise in accordance with paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning each police suspect examination of M;

1. Report on internal investigation (the result of the execution of warrant of search and seizure of NAV ND in the name of the internal investigationer M);

1. Judgment.