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(영문) 수원지방법원 2016.04.07 2015고정3201

개인정보보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is living together with the victim C and D, and is working as the chairperson of the apartment management committee from 2011 to 201.

From March 31, 2015 to April 6, 2015, the Defendant, as the title, “Public Notice of Violation of the Regulations of the Election Management Committee”, the Defendant: “D (No. 502 Dong 1205) and C (No. 513 Dong 1701) of the Rules of the Committee on Management of Apartment Houses,” the following, in violation of Article 14 (Prohibition of Interference with Duties) of the Rules of the Election Management Commission and Article 61 (Investigation, etc. of Violations of Election Regulations) of the Rules of the Election Management Commission (No. 62 (Measures, etc. against Violation of Election Regulations) impose KRW 3 million, respectively, pursuant to Article 62 (Measures, etc. against Election Regulations) of the Regulations of the Election Management Commission.

“The notice was posted.”

The defendant posted the above contents of the public announcement and disclosed personal information that the victims have become aware of in the course of their duties by entering the Dong and lake of the apartment in which they currently reside.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

1. Subparagraph 5 of Article 71 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the same Act 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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 59(1) of the same Act provides that the Defendant recognized his/her mistake and reflects his/her depth, there is no other criminal history other than once a fine, and the degree of divulgence of personal information is relatively small; the period and place of posting the public notice in the judgment; the circumstances leading to the instant case; and the circumstance in which the Defendant’s perception of illegality regarding the