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(영문) 서울북부지방법원 2017.01.19 2016고단3964

정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 29, 2014 to December 2, 2014 of the same year, the Defendant deposited a total of KRW 4740,000 in seven times as indicated in the separate sheet from D 3 floors located in Dobong-gu Seoul Metropolitan Government through the passbook transfer from September 2, 2014 to a person who operates a lending brokerage company, and received a total of KRW 1,288,288 personal information from a seller (E and F) of illegal personal information in his/her name and a customer’s name, agreement date, contact details, etc. disclosed from the Internet subscription store and the lending company.

As a result, the Defendant knowingly received personal information for profit or for an illegal purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Police seizure records;

1. A list of G (A), including the content of dialogue, etc.;

1. A report on internal investigation (information, etc. on subscribers to the purchaser's account);

1. Application of Acts and subordinate statutes to investigative reports (a search and inspection warrant 2015-16721 execution results and digital evidence analysis);

1. The prosecutor stated in the facts charged as “Article 71(1)6 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.” under Article 71(1)6 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., which is obviously clerical error under Article 71 subparag. 6 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and thus ex officio correct it.

Article 28-2 Section 2, Selection of Imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended sentencing criteria: Offenses for which the sentencing criteria are not set; and