위치정보의보호및이용등에관한법률위반
Defendant shall be punished by a fine of 1.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.
1. B: (a) On July 2013, 2013, the Defendant offered that the Victim C, who was his wife, would be suspected of having a spact relationship with D; and (b) the Defendant would make a payment to the Defendant on the face of confirming location information, such as the victim and D’s spact site. The Defendant accepted the payment.
On the 31th of the same month, at around 09:00, the Defendant carried out a location tracking machine (KW-H100, serial number: 1019704) in the underground parking lot of the building in Busan-gu, Busan-gu, Busan-do, with a location tracking machine (KW-H100, serial number: 1019704) owned by the victim and confirmed the location information of the said car operated by the victim through the Internet G, and sought D with the victim who was a meal at the frequency of the city located in the Busan-gu, Busan-gu, Busan-do, Busan
Accordingly, the defendant collected and used location information of the victim and the victim's vehicle in collusion with B without the consent of the victim.
2. B called the Defendant on September 2013, 2013, and offered that the Defendant would pay the price for the location information, such as C and D’s influence site, to the Defendant, and that the Defendant consented thereto.
At around 08:00 on the 16th day of the same month, the Defendant, at the underground parking lot of the H building located in Busan Northern-gu, Busan, equipped the location tracking device as described in paragraph (1) with the victim’s e-mail within the e-mailer, and confirmed the location information of the said car operated by the victim through G on the same day.
Accordingly, the defendant collected location information of the victim and the victim's vehicle in collusion with B without the consent of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. Each police statement concerning D;
1. Seizure report and investigation report (C-owned vehicle confirmation);
1. Application of Acts and subordinate statutes, such as attachment of location tracking devices and photographs;