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(영문) 대구지방법원 2020.09.22 2020고정988

개인정보보호법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

A personal information controller is not allowed to use personal information beyond the scope of the purpose of collecting personal information. However, around June 1, 2019, the Defendant sent text messages containing links in the items of “G,” posted on the Internet EF car page bulletin, from that time to June 9, 2019, by using the phone numbers of members of the DDR, which are personal information collected by the Defendant in the office of the KGUB in Daegu-gu (GUB), for insurance contracts, insurance contracts, payment of insurance proceeds, etc., to approximately 40 members of the DF, which are personal information collected by the said DF, to inform about the truth. The Defendant sent text messages to the above members of the DF association or the Kao Association using the phone numbers of members of the DF, which are personal information collected by the said DF in performing insurance contracts, for the purpose of insurance contracts, payment of insurance proceeds, etc.

Accordingly, the Defendant used personal information beyond the scope of the collection purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Text messages;

1. Application of Acts and subordinate statutes to an investigation report (the confirmation of written consent for the information processing of an insured);

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 18 (1) of the same Act concerning the relevant criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.