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(영문) 대구지방법원 2019.09.05 2019고정692

위치정보의보호및이용등에관한법률위반

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

No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.

On March 23, 2019, at around 15:20, the Defendant illegally collected location information without the consent of the victim C by attaching a location tracking device to the lower part of the front part of the driver's seat of the vehicle owned by the victim C, which was parked in the parking lot around the Daegu-gu B apartment, Daegu-gu B apartment, without the consent of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of elective Location Information;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;