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(영문) 서울중앙지방법원 2014.10.17 2014고단4620

개인정보보호법위반등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

F is the operator of G Co., Ltd. (hereinafter “G”) who operates a business attracting subscribers to super-high speed Internet services by means of tele marketing, etc., and is a personal information manager who operates a personal information file for tele marketing. Defendant B is in a de facto marital relationship with Defendant F, who works as the head of the above G, serves as the personal information manager in charge of financial management and customer management, etc., Defendant A is a personal information manager who is in charge of the business of attracting subscribers to super-high speed Internet services by means of tele marketing, etc., and Defendant A is a personal information manager who works as the managing director of H (hereinafter “H”) who manages and supervises telemastzers and operates a personal information file for tele marketing. A personal information manager intrudes the Internet site without access authority.

1. A personal information manager of F and Defendant B shall not acquire personal information by fraud or other improper means or methods, and shall not provide a third party with personal information without the consent of the subject of information;

A. A. Around July 2012, F and Defendant B conspired to offer personal information files to J (K) that operate tele-marketing businesses. B around July 2, 2012, Defendant B asked Defendant B to transmit the files of “sk.zip” containing a total of 10,000 personal information, including the name, resident number, and address of subscribers to super-high speed Internet services, and Defendant B sent the files to J via L e-mail at the request of F on the same day.

As a result, F and Defendant B conspired to provide personal information to a third party without the consent of the subject of information.

(b) A personal information manager is F even if it is able to collect personal information in such cases as obtaining the consent of a subject of information or where it is inevitable to comply with statutory provisions or statutory obligations.