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(영문) 인천지방법원부천지원 2020.11.25 2020고정285

개인정보보호법위반

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant, as the president of the management body meeting of the apartment building B, has kept and managed the list of the representative council of the management body, the list of the executives of the board of women's association, the list of the heads of the Tong/Ban, etc.

No person who has managed or processed personal information shall divulge personal information he/she has become aware of in the course of performing his/her duties or provide it to another person without authority.

Despite the fact that the Defendant did not obtain consent from the subject of personal information, on November 2019, the Defendant, within the security team office located in the first floor of the B Apartment-si, Seocheon-si, B apartment underground, issued a list of the names, addresses, and cell phone numbers of 35 residents of the above apartment that he/she became aware of in the course of performing his/her duties to the head of the above apartment security team D, and distributed the list to the employees of the security team belonging to B apartment.

Accordingly, the defendant disclosed personal information that he became aware of in the course of his duties and provided it to another person without authority.

Summary of Evidence

1. Application of the Act and subordinate statutes concerning the defendant's legal statement D, F of the police statement of E, personal information documents taken by police officers in mobilization of each written statement of D, file front pictures, photographs of "the partial amendment of the management rules/the long-term repair plan consent" taken by police officers in mobilization, and the Act and subordinate statutes governing B apartment G-dong photographs taken by police officers in mobilization;

1. Selection of a fine for negligence under Article 71 subparag. 5 of the Personal Information Protection Act (amended by Act No. 16930, Feb. 4, 2020; hereinafter the same) and Article 59 subparag. 2 of the same Act concerning criminal facts

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant had a dispute with the occupants regarding the management body’s affairs; and (b) the employees suffered damages from some defective occupants, and (c) the Defendant issued the personal information to the effect that such occupants should be informed of the damages.