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(영문) 인천지방법원 부천지원 2013.10.16 2013고단2530

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant

A A shall be punished by a fine of three million won, and Defendant B shall be punished by a fine of five million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A has no specific occupation, and Defendant B recruited customers of the Internet of TT, LGT and SK (BB) with the trade name of “D” in Gangseo-gu Seoul Metropolitan Government. Although a person who handles or has handled the user’s personal information does not damage, infringe, or divulge the user’s personal information he/she has become aware of in the course of performing his/her duties, the Defendants conspired with the aforementioned D office on October 201, in order to gain profits by selling customer information collected by Defendant B while engaging in tele-marketing business, and Defendant B provided customer information and sold Internet customer information with the maturity of 50,00 won for each individual, thereby sharing the roles of the buyer.

1. Defendant A recruited buyers by inserting an advertisement “I sell Internet DF EF EF (F), (G), and “I sell Internet DF (sk,kt, Lg)” on February 14, 201, and Defendant B sent 52 of the Internet customer information, which recorded Internet product names, including 120,00 name, resident number, telephone number, address, account number, number, and Internet product names, which were collected on February 17, 201. Defendant B sent 52 of the Internet customer information, which was collected in the course of engaging in telemarketing business, to H e-mail (I).

2. On January 201, 201, the Defendants conspired to sell and release approximately 180,000 of the above customer information to the two infinites who recruited Internet new customers who reported the above advertising in the Daejeon, and published approximately 90,000 of the above customer information at the coffee shop in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Accordingly, the Defendants leaked 18,052 of Internet customer information that they came to know in the course of performing their duties.

Summary of Evidence

1. Defendants’ legal statement

1. Personal information sampling;

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

1. Defendants who choose the applicable legal provisions and punishment concerning criminal facts: promotion of information and communication network utilization and information protection.