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(영문) 인천지방법원 2016.02.17 2015고단7803

개인정보보호법위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the actual representative of the telephone-to-door Sales Company Co., Ltd. which engages in the business of attracting subscription to Internet services, and Defendant B is an officer who is responsible for the affairs of the administration and the management of the port operation store of the above Dispute Resolution Co., Ltd.

No person shall be provided with personal information acquired by any unlawful means or means for profit.

Nevertheless, the Defendants conspired to purchase personal information files from D in the sale of personal information acquired by domestic residents through hacking for the purpose of utilizing them for the above business.

1. In accordance with the above conspiracy to commit the crime of October 16, 2014, the Defendants received the file of personal information (name, resident registration number, address, contact address, Internet subscriber name, etc.) from the said D at the meeting of the set office of the Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Incheon, Seoul, about October 16, 2014, by paying 1.5 million won for the personal information price, and by providing the file from the said D.

2. According to the aforementioned conspiracy to commit the crime of June 12, 2015, the Defendants paid KRW 1.1 million in the same manner at the same place around June 12, 2015, and received the personal information file from the said D.

As a result, the Defendants conspired to offer approximately 20,000 personal information acquired by D through unlawful means for profit.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to a report on internal investigation (record the details of dialogue on purchase of the F Account for internal investigation) , report on internal investigation (Attachment to the details of remittance of purchase price of DB), investigation report ( analysis of seized materials of the government office of the C-C-C-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U

1. Relevant Article 72 Subparag. 2 of the Personal Information Protection Act and Article 59 Subparag. 1 of the same Act, Article 30 of the Criminal Act, and the choice of fines for negligence

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be detained in the workhouse: