위치정보의보호및이용등에관한법률위반
Defendant
A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 2,500,000, respectively.
The Defendants respectively.
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.
Defendant
A received a request from Defendant B to “I am suspected that wife C is not a man with different male, and there is a suspicion that wife C is not a man with different male, and thus C’s back investigation is different.”
On May 18, 2017, Defendant A purchased one location tracking device (name of a product: SORENS, serial number: TB200-386137) from E located in Seoul D shop and reported to Defendant B, and on May 19, 2017, Defendant A installed a location tracking device on the back right of the body-line of the vehicle that the victim is driving without the consent of the victim C. < Amended by Presidential Decree No. 20420, May 19, 2017>
Ultimately, the Defendants conspired to collect the location information of the victim without permission.
Summary of Evidence
1. Defendants’ respective legal statements
1. The protocol concerning the interrogation of each police suspect against the Defendants
1. C’s statement;
1. A protocol of seizure and a list of seizure;
1. A report on the results of field identification and a gene appraisal report;
1. Application of each statute on photographs;
1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information, Article 30 of the Criminal Act, and selection of fines, respectively;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Defendant A: Article 48(1)1 of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;