beta
(영문) 서울중앙지방법원 2016.10.07 2016고단3734

개인정보보호법위반등

Text

Defendants shall be punished by imprisonment for one year and six months.

Evidence of seizure Nos. 1 through 14 shall be proved by the defendant A and seized.

Reasons

Punishment of the crime

On June 14, 2013, Defendant A was sentenced to imprisonment with labor for a violation of the Use and Protection of Credit Information Act at the Seoul Central District Court on June 14, 2013. On January 2, 2014, Defendant B terminated the enforcement of the sentence. Defendant B was sentenced to imprisonment with labor for a violation of the Personal Information Protection Act at the Seoul Central District Court on November 15, 2012. On March 18, 2014, Defendant B terminated the enforcement of the sentence.

Criminal facts

Defendant

A is a person who confirms the client's mobile phone location information and resident registration information, the client's failure to perform his/her duties, etc. as requested by the clients while operating the inner name "Seak Center". Defendant B is called the "G" and Defendant B is a person who confirms the client's mobile phone location information and resident registration information, etc., which are re-entrusted by the operator of the Neak Center, such as the above A.

1. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object;

(1) On May 25, 2016, Defendant A was requested to track I’s mobile phone location at his own residence, etc. located in the Gyeonggi-si, which was located in the Gyeonggi-si, and then requested Defendant B again. Defendant B verified the location of the said I’s mobile phone location at his own residence, etc. during the Gyeonggi-si, and then notified Defendant A thereof through the Defendant.

Accordingly, the Defendants conspired to collect and provide the location information of his mobile phone without the above I's consent.

(2) At around 22:00 on May 27, 2016, Defendant B requested the tracking of the I’s mobile phone location from H through the above in the above residential area, etc., and used the J’s mobile phone.