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(영문) 대전지방법원 2016.01.14 2015고정1715

정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has operated telecommunications sales business, such as communication equipment, B.

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

From December 2014, the Defendant, while running a communications sales business, such as communications equipment B, with B’s trade name, committed in mind to purchase personal information in advance for profit-making purposes in order to publicize online entrance call activities.

On November 18, 2014, the Defendant received e-mail 372 items, including 313 and 26 entrances, short term color, word color, color, and subscription type, 402, from the user of the e-mail D (E, joining China) that is a seller of personal information in its name and in its e-mail account F. The Defendant received e-mail 19,985 items from the user of the e-mail D (E) who is a seller of personal information in its name, and received e-mail 372 items, including 313 and 26 subscriptions, 200 in Seoul, Jung-gu, Seoul, with knowledge of the leakage of personal information, for profit or for an unjust purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of Dmerbs seizure data), investigation report (limited to NAD L, seizure mail details) and other relevant Acts and subordinate statutes;

1. Article 71 subparagraph 6 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and Articles 71 and 28-2 (2) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;