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(영문) 서울동부지방법원 2017.06.14 2017고단1354

위치정보의보호및이용등에관한법률위반

Text

A defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Criminal facts

No one shall collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, the Defendant, on September 4, 2012, purchased a location tracking device (a model name: UT120-S) around the Internet (a mobile telephone device UT120-S) and operated by the victim without the consent of the victim C from February 9, 2013 to July 31, 2013. < Amended by Act No. 11614, Jul. 31, 2013>

D. Having attached the location tracking device to the car, the location tracking device was collected and the location information was provided to the person who was not the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each statement protocol E and C;

1. Article 40 subparagraph 4 of the Act on the Protection, Use, etc. of Location Information (Selection of a punishment penalty) and Article 15 (1) of the same Act;

1. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) the Defendant was merely a single-time behavior book that was executed by receiving money due to living expenses; and (b) the purely primary offender.