No one shall collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object.

그럼에도 불구하고, 피고인은 2013. 7. 15.경 인터넷에서 위치추적기 쏘렘에스를 구매하여 2013. 7. 22.경 원주시 C에 있는 피고인의 주거지 인근에 주차된 배우자 D 운행의 E 투산 차량 뒷좌석 시트 밑에 설치하여 2013. 9. 20.경까지 불법으로 D의 위치정보를 수집하거나 이용하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to investigation reports (as to the response of the location tracking device company);

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (the crime of this case is committed by the defendant to secure evidence for the unlawful acts of the victim, the error of the defendant is against the victim, the agreement with the victim is made, and criminal punishment is not imposed except for the violation of the Road Traffic Act of 191,00 won as a result of the violation of the Road Traffic Act of 191);