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(영문) 광주지방법원 2017.06.16 2017고단1597

개인정보보호법위반등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Act on the Protection, Use, etc. of Location Information shall collect location information of an individual or mobile object without the consent of the individual or the owner thereof;

Nevertheless, the defendant has been living with another male victim D who is female-friendly.

On April 27, 2016, the victim was suspected of tracking the location of the victim, and the location information of the mobile object was collected by taking the location information of the vehicle operated by the victim from November 1, 2016 to the back of the E-car operated by the victim without the victim's consent.

B. Around May 19, 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken video pictures using the Defendant’s cell phone camera with her part, etc., while she was diving off clothes from a Gel’s family room located in the Nam-gu, Nam-gu, Gwangju, without standing clothes.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

(c)

The Defendant in violation of the Personal Information Protection Act was able to find out a new telephone number used by the victim by requesting it to B, an employee of the LG Plus Agency, who was aware that the victim did not contact with the mobile phone number after changing the cell phone number.

On October 29, 2016, around 10:13, 2016, the Defendant called “B” to “B, a sales agent of LG flus in Seo-gu, Seo-gu, Gwangju, for the reason that the “J” used by the victim changed to a different number, so the Defendant asked “B” to verify the phone number used by the victim.