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(영문) 수원지방법원 2018.08.09 2018고정823

위치정보의보호및이용등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

However, in November 2017, the Defendant: (a) attached a tracking device (MT-300) on the lower part of the CNF small river located in the parking lot, which was parked in the lower part of the victim B, the front part of the Defendant, and collected location information on the victim’s car without obtaining consent from the injured party from January 9, 2018 to January 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Tracking photographs of locations;

1. Application of Acts and subordinate statutes to one location tracking engineer (No. 1) who has been seized;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;