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(영문) 서울중앙지방법원 2018.01.17 2017고정3570

개인정보보호법위반

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 29, 2017, the Defendant, a person working in the National Bank of Korea, was dissatisfyed with the lessee B in the process of concluding a lease agreement on apartment owned by the Defendant.

I think, while trying to return the down payment of KRW 60 million received from B, the defendant did not know the account number in B, and the defendant asked the internal computer system of the National Bank with an internal computer, and asked B to arbitrarily return the down payment of KRW 60 million to B by visiting the bank account number in the name of the defendant.

A person who has been provided with personal information from a personal information manager shall not use such personal information for any purpose other than the intended purpose of provision or provide such information to a third party, except where the subject of information obtains a separate consent from the subject of information or where

Nevertheless, around 09:05 on May 30, 2017, the Defendant, at the office D Office of the National Bank of Korea located in Jung-gu Seoul, Jung-gu, Seoul. In order to return the Defendant’s personal lease contract deposit which is irrelevant to the work that the Defendant handled as the employee of the National Bank of Korea, he/she investigated the computer of the National Bank of Korea and identified the account number of the National Bank B’s personal information transferred to the Defendant, and used it for any purpose other than the purpose of receiving personal information by returning the contract deposit to

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Articles 19 of the same Act concerning facts constituting an offense and Articles 71 and 71 of the same Act concerning the selection of punishment;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;