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(영문) 수원지방법원 평택지원 2018.04.19 2017고정712

위치정보의보호및이용등에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, the Defendant, while filing a divorce lawsuit with his wife B, installed in the handphone using the Defendant with which the location tracking devices can be identified through the location tracking devices on July 13, 2017, in order to doubt the internal relationship of the victim and secure evidence. On July 20, 2017, the Defendant: (a) installed in the handphone using the Defendant; and (b) installed the location tracking devices on the lower part of the C apartment parking lot in Ansan-si, Ssung-si, the Defendant collected and used the victim’s location information without the consent of the victim from around July 22, 2017 to July 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Articles 40 and 15 (1) of the Act on the Protection, Use, etc. of Selective Location Information;

1. Articles 70 and 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;