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(영문) 수원지방법원 2013.04.10 2013고정411

개인정보보호법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who was born from the 19th total election to the preliminary candidate for the National Assembly members of the Ulsan-gun.

The Defendant, as a staff member of B Party C, obtained a roster of party members of B Party members who were in charge of the management of B Party members, and became aware of his/her intent to provide B with publicity of the message company sending text messages for election of E operation through D, which is a personal information manager in charge of the management of Party members’ roster, was able to send text messages for competition and election campaign in the said area by utilizing personal information on the roster of party members.

On January 26, 2012, the Defendant received from C a telephone communication and message to the effect that he would offer a roster of party members in the said region, and then received from C a file from C via one’s e-mail (F) around January 31, 2012, with the knowledge of the circumstances that he/she disclosed to himself/herself the list of party members containing personal information, such as the name, address, resident registration number, telephone number, etc. of party members in the area of the relevant region of Ulsan-gun, U.S., a personal information manager of B, and C, which he/she became aware of in the course of performing his/her duties, for the purpose of sending text messages related to his/her intra-party competition.

As a result, the Defendant knew of the fact that D and C, a personal information manager, came to know in the course of performing their duties, provided a list of party members, who are personal information, for illegal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C;

1. Details of the Stockholm;

1. C details of account transactions in national bank accounts;

1. The application of the Act and subordinate statutes on the Publication of the List of Ulsan-gun, A e-mail delivery and reception lists, and the Ulsan-gun Medi Data Act and subordinate statutes on February 22, 2012

1. Article 71 subparagraph 5 of the Personal Information Protection Act and Article 59 subparagraph 2 of the same Act concerning facts constituting an offense, the selection of fines for negligence;

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