beta
(영문) 부산지방법원 2018.06.04 2018고단1457

신용정보의이용및보호에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

The defendant and the victim C (the 24 years old) are legally married couple, and they are divorced on September 19, 2017.

1. On June 29, 2017, the Defendant: (a) around 03:00, on the street in front of the E main point located in Busan Jin-gu, Busan; (b) when the Defendant introduced a female from his wife to another male related person who is related to his wife, the Defendant assaulted the victim by her hand once by her hand.

2. Any person who intends to obtain personal credit information from a credit inquiry company or a credit information collection agency shall obtain consent individually whenever he/she is provided with personal credit information from the relevant credit information subject;

Nevertheless, on October 10, 2017, the Defendant, at the Defendant’s residence located in F1403, Busan-gu, Busan-do, and in order to find out whether a divorced victim can receive a loan and pay consolation money to the Defendant, the Defendant was using a certified certificate in the name of the victim stored in the Defendant’s computer and inquired about the limit of the loan amount by accessing the Defendant’s website.

Accordingly, the defendant was provided by the credit inquiry company with the personal credit information of the victim without the consent of the victim.

3. Around October 2017, the Defendant, at the same place as the foregoing paragraph 2, sent a text message stating that, by using his/her mobile phone, the victim would continue to contact with the victim and would not pay a divorce consolation money, the Defendant threatened the victim by transmitting video images containing the victim’s sexual intercourse with another male and the victim’s sexual intercourse with the other male, and the victim by transmitting video images containing the victim’s desire to commit suicide by avoiding the openings of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant Article of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) regarding the crime, Article 50(2)6 of the Use and Protection of Credit Information Act, and Articles 32 of the Use and Protection of Credit Information Act.