위치정보의보호및이용등에관한법률위반
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant and the victim B (Nam, 53 years old) are between the defendant and the victim who became aware of in the Edridton Association.
No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.
Nevertheless, in order to raise doubt about the relationship between the victim and his own female and to secure evidence related thereto, the defendant had a location tracking device attached to the NAS vehicle operated by the victim to collect and use the victim's location information.
At around 01:00 on April 3, 2020, the Defendant, without the consent of the victim, posted a location tracking device under the troke of the given troke vehicle parked in the Daegu-si C apartment underground parking lot, and collected and used the location information of the victim at around 22:14 on the same day until the discovery of the location tracking device at the Gyeongsan Police Station.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the investigation report on seizure records of each police officer's statement with respect to B and D, the investigation report on seizure list (in the location of the location tracking devices), and the investigation report ( CCTV data at the time of attaching the location tracking devices);
1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of elective Location Information;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The punishment of summary order shall be mitigated considering the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is pening his mistake in depth and the period of attachment is shorter, etc.