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(영문) 인천지방법원 2018.09.28 2018고정1132

개인정보보호법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who has been provided with personal information from a personal information processing person shall not use such personal information for any purpose other than the intended one or provide it to a third party.

On May 2, 2017, the Defendant applied for perusal of the written resolution of the general meeting of shareholders in 2017, which includes personal information, such as the name, date of birth, ownership details, etc. of members of the D Housing Redevelopment Project Association, and received the same month.

3. Around 19:00, at the office of “F” in Bupyeong-gu Incheon Bupyeong-gu, Incheon, a written resolution of attendance was sent to G, a member of “F” as above.

Accordingly, the defendant provided a third party with personal information received from the personal information manager.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes, such as an application for disclosure and inspection of related materials, a certificate of receipt of documents and materials, and a written resolution of the ordinary general meeting of shareholders in 2017;

1. Article 71 of the Personal Information Protection Act and Articles 71 subparagraph 2 and 19 of the same Act for the purpose of committing a crime;

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

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant neglects his/her liability for using the personal information contained in the written resolution of written appearance provided by an association in the manner of mind;

subsection (b) of this section.

The criminal liability is heavy in that the amount of personal information provided to G is large.

It is highly necessary to inform its members of the error in the operation of the association.

In the process, the need to protect the personal information of the union members without permission is also important.

Although G received personal information from the Defendant, it is for profit-making or unjust.