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(영문) 대전지방법원 2014.08.29 2014고정1061

정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 31, 2012, the Defendant: (a) obtained personal information from the Daejeon Dong-gu Daejeon Office B 202(C) office and received the personal information for profit or unjust purpose by being provided as e-mail “G” used by the Defendant with approximately KRW 100,000 from D and E, which came to know by searching for a seller of personal information via the Internet for the purpose of using it for purification and cleaning business; and (b) obtained the personal information for profit or unjust purpose, knowing the fact that the personal information was leaked.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Investigative report (data from searching and sampling personal information in a personal name telephone);

1. Application of response statutes to the request for cooperation in investigation by telephone numbers (personal names) CDs;

1. Article 71 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and Articles 71 and 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Punishment concerning Criminal Facts;

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

1. Consideration of the initial crime for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the provisional payment order is an initial crime and is against the law;