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(영문) 수원지방법원 성남지원 2016.10.20 2016고정557

개인정보보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From around 2012, the Defendant was a person who had resided in the G Apartment-gu, Sungnam-si.

A personal information manager shall not provide a third party with personal information without the consent of the information subject, even though it is not a case where the personal information is provided within the scope of the purpose of collecting the personal information, and shall not be provided with personal information

Nevertheless, around July 7, 2012, the Defendant provided the USB in which D, etc., a member of the emergency countermeasures against the above apartment, was stored in the container installed in the above C apartment without obtaining consent from D, etc., from a person who was unaware of his name, using CCTV installed therein.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photograph image pictures;

1. Article 71 of the Personal Information Protection Act applicable to the facts constituting an offense, and Articles 71 subparagraph 1 and 17 (1) of the Act on the Protection of Personal Information that is selected as a penalty;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Determination of the Defendant and his defense counsel’s assertion under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 201Do1488, Apr. 1, 201)

However, according to the evidence duly adopted and examined by this court, the Defendant was in custody of the aforementioned film prior to the date of filming, and submitted it in the investigation process of the accused's complaint case after one year from the above date. Thus, it was impossible to know that the investigation of the accused was conducted at the time of delivery.