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(영문) 광주지방법원 2018.02.07 2017고정1609 (1)

개인정보보호법위반

Text

The sentence against the accused shall be determined by a fine of one million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The defendant is the head of the Seo-gu branch office in the Seoul Metropolitan City Council.

No one shall be provided with personal information by a person who manages personal information without consent from the subject of information while knowing that the person has not obtained consent.

On March 15, 2017, the Defendant was elected as the head of the 36th general meeting of the branch offices in Seo-gu Seoul Metropolitan City, which is an incorporated association, from March 15, 2017, but violated the election management regulations from the Gwangju Metropolitan City Branch offices on March 27, 2017, and was notified that the head of the branch offices were re-issued within 60 days.

Defendant decided to file an application with the court for a provisional disposition to preserve the status of the head of the branch office against the above notice of invalidation of the election, and had the relevant data obtained the electoral register related to the 12th election of the head of the branch office.

On March 2017, the Defendant received a electoral list stating 213 names, trade names, dates of birth, etc. of 213 representatives belonging to the Seo-gu branch office, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City Branch Office from employees in whose name is unknown, and received personal information from the personal information manager despite being aware that he did not obtain consent from the representatives who are data subjects.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. An investigation report (to submit a list of electors or facsimile);

1. A letter of consent to the representatives of the 36th regular meeting attached to the investigation report (Submission of a written statement, etc. containing an accusation) and a letter of consent to the joint use of personal information (personal phone numbers, etc.), the use of personal information and the letter of commitment

1. A 12-class list of electors in the 12-class branch offices;

1. Application of Acts and subordinate statutes on provisional disposition;

1. Article 71 Subparag. 1 of the Personal Information Protection Act and Articles 71 and 17(1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The Defendant and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act.