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(영문) 수원지방법원 안산지원 2014.07.15 2014고정912

개인정보보호법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant, in Geumcheon-gu Seoul Metropolitan Government, was a person in charge of the sale of the building No. 110, in Geumcheon-gu, with the acquisition of personal information, such as the name, resident registration number, etc. of customers.

On July 5, 2013, the Defendant: (a) reported on the bulletin board posted by a personal information seller D on July 5, 2013, and transferred KRW 1.50,000 to D; and (b) received personal information, such as the list of crimes in which the customer’s name, resident registration number, telephone number, etc. are recorded, by e-mail (E) in the name of the Defendant.

Accordingly, the Defendant knowingly received personal information with knowledge that he had become aware of in the course of performing his duties for profit or illegal purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. e-mail transmission data;

1. Application of Acts and subordinate statutes to investigation reports (a copy of indictment submitted by a seller of personal information D);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;