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(영문) 서울중앙지방법원 2012.12.12 2012고단3653 (1)

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

1. The Defendant knew that D had the personal information of the third-year students of high school leaked from the Internet lecture site, etc., and received it from June 201, and thought that D had been used for publicity at the F1 School in Seodaemun-gu Seoul, Seoul, which was operated by the Defendant and for the recruitment business of new students.

On October 6, 2011, the Defendant paid 4.5 million won to D, received 110,075 personal information, such as name, address, contact number, e-mail, etc. of high school students, from the Defendant’s e-mail, and used the personal information for the recruitment business of new students of the above school from March 2012.

Accordingly, the Defendant knew of the divulged personal information, received the personal information for profit or for an unlawful purpose.

2. The Defendant knew that H had the personal information of the third-year students of high school leaked at the pertinent Internet site, etc. at the time of entering a university, and thought that H used it for public relations at the above F. Professional School operated by the Defendant and for the recruitment business of new students.

On November 16, 2011, the Defendant paid 14 million won to H, and received 226,893 personal information, such as the name, contact information, and e-mail of the third-year students of high school he/she has, and then used the personal information for the recruitment business of new students of the above school from March 2012.

Accordingly, the Defendant knew of the divulged personal information, received the personal information for profit or for an unlawful purpose.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Statement of the police officer to I, J and K;

1. Seizure records;

1.Each.