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(영문) 서울남부지방법원 2013.04.08 2013고정608

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No one shall knowingly receive any disclosed personal information for profit or for any other wrongful purpose, and shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge another person's confidential information.

1. On October 24, 2009, the Defendant received 5,000 personal information files, including the name, resident registration number, and cell phone number, from C, from the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government B, via e-mail, for the purpose of using them for the mobile phone sales business.

2. Around August 27, 2010, the Defendant paid the amount to a person who was unaware of his name for the same purpose at the same place, and received the personal information file, stating 17,641 debtor’s name, resident registration number, address, contact information, etc., and on the same day, the Defendant divulged the said personal information to C at the house of the Seoul Yangcheon-gu Seoul D Apartment 102 Dong 809.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to suspect e-mail evidence);

1. Article 71 subparagraph 6 of the relevant Act and Article 71 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and Articles 28-2 (1), 71 subparagraph 11 and 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.