개인정보보호법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The defendant does not pay the above fine.
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged on the ground of the testimony of E without credibility, inasmuch as the Defendant did not have committed a crime as stated in the facts charged, there is an error of misunderstanding of facts or misunderstanding of legal principles.
B. Although the defendant made a statement as to the facts charged to the victim, the court below did not recognize it as an act that does not violate the social norms in light of all the circumstances such as the circumstances, etc.
2. Determination on the assertion on violation of the Personal Information Protection Act
(a) No person who manages or has processed the summary of this part of the facts charged shall acquire personal information or obtain consent to the management thereof by fraud or other improper means;
On March 9, 2018, the Defendant, as a resident in Seodaemun-gu Seoul Metropolitan Government, tried to raise an objection to the result of the Dong representative election for apartment buildings, with the purpose of securing a screen image on which the victim C posted or distributed a notice related to the election at election in order to secure a dynamic image on which the victim C posted or distributed the election at election. The Defendant, who manages apartment CCTV, made a false statement as to the purpose and object of perusal, stating that “The Defendant’s management office managing apartment CCTV was damaged by a parked motor vehicle, thereby allowing him/her to read the CCTV and grasp
On March 12, 2018, the defendant requested D of the above B Apartment Management Division to read CCTV on March 11, 2018 in order to grasp the damage of the motor vehicle.
“A false application is made with respect to the subject of inspection, and CCTV storage is made by using CCTV search computers installed in the above B apartment Fac-dong 3 and 4 for about 15 minutes from around 09:30 to around 09:45 with the aid of security guards E in receipt of D’s instructions from the management director.