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(영문) 서울북부지방법원 2014.10.14 2014고정502

개인정보보호법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant, who was the chairman of the Seoul Special Metropolitan City Nowon-gu Apartment Election Management Office, sent a document on the representative to the head of the management office of the above C Apartment Management Office, and then copied it at the above management office to submit to the police station the documents proving that D cannot recommend E as an election management member in relation to the case in which D’s personal information, resident registration number, address, telephone number, family relation, etc. is included, proxy certificate, proxy certificate, candidate registration application, and certificate of grounds for disqualification of the representative of each Dong, without obtaining D’s consent.

As a result, the defendant was provided with DNA personal information even with knowledge of the situation without the consent of D.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to D or F;

1. Notices;

1. Candidate registration for the representative of each building;

1. A certificate of disqualification;

1. Proxy letter;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 71 of the Personal Information Protection Act applicable to the relevant criminal facts, Articles 71 subparagraph 1 and 17 (1) 1 of the Act on the Protection of Personal Information, and the selection of fines;

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

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Article 71 Subparag. 1 of the Personal Information Protection Act provides a third party with personal information without the consent of a subject of information, in violation of Article 17(1)1, although it does not fall under Article 17(1)2, and a person who knowingly received such personal information. Meanwhile, Article 17(1)2 of the same Act provides personal information within the scope of collection purpose of personal information pursuant to Article 15(1)2.