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(영문) 서울동부지방법원 2014.07.03 2014고단1054

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendants were punished between the private villages, and even if they were aware of the leakage of personal information for profit or illegal purposes, they conspired to receive personal information database containing the names, contact numbers, etc. of loan consultants to promote Defendant A’s personal bankruptcy and personal rehabilitation application affairs.

Defendant

A added to the e-mail address (D) used by Defendant B to a credit service provider whose name was known and unknown, and asked that “if there is any data on the personal information of the lending party,” and received the file “loan DB” in the e-mail of the said Defendant B from a person who uses the e-mail address whose name cannot be known at around 12:24 on August 21, 2013, who provided a loan to a credit service provider at least 43,036 persons who provided a loan to a credit service provider, including the name of a mobile phone, cell phone number, and the amount of a loan request.

On the same day, the Defendants confirmed Defendant B’s e-mail at the G law office located in Seocho-gu Seoul Metropolitan Government F, and downloaded the personal information files received as above by computer.

As a result, Defendants conspired to receive personal information for profit by knowing that the personal information was divulged.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to data printed on part of personal information (titled loan consultationDB);

1. Article 71 subparagraph 6 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, etc., Articles 28-2 (2) and 30 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is committed with knowledge of the fact that personal information has been divulged in order to publicize the personal bankruptcy, etc., and the number of the defendants is not less than 40,000.