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(영문) 서울동부지방법원 2014.10.29 2014고단2679

정보통신망이용촉진및정보보호등에관한법률위반등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

, however, from the date when this judgment has become final.

Reasons

Punishment of the crime

1. Where a provider of information and communications services collects personal information of a user, he/she shall notify the user and obtain his/her consent;

The Defendant collected personal information such as C’s name, resident registration number, address, etc. by storing personal information of the detained user in a computer file, who is a provider of information and communications services engaged in the service business of attracting Internet users from around 2008 to January 2013 to connect the communications company.

In addition, the Defendant collected personal information of 1,162,957 as stated in the attached List 1.

Accordingly, the defendant collected personal information without the consent of the user.

2. Defendants’ co-principal conduct

(a) No person who transmits an advertisement for profit in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall take any technical measure to automatically generate an addressee's contact information, such as telephone numbers and e-mail addresses;

Defendant

A is a business owner running Internet attraction service business in Gwangjin-gu Seoul Special Metropolitan City from February 2013 to April 14, 2014, and Defendant B is the head of the above business.

The Defendants conducted business related to attracting Internet service subscribers at the above date and at the above place, and automatically created the addressee’s contact contact information by using the computer program called “the telephone number liver generation device” at one time, and transmitted advertising text messages to attract Internet service subscribers with their numbers.

As a result, the Defendants conspired to transmit advertisements for profit-making purposes and made technical measures to automatically create contact numbers such as telephone numbers by combining numbers.

(b).