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(영문) 창원지방법원 진주지원 2019.05.15 2018고단1587

위치정보의보호및이용등에관한법률위반교사

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Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is the spouse of the victim C, and the defendants are aware of the right to back the society.

No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.

1. On November 16, 2018, Defendant A had the victim’s location tracking device attached to the victim’s automobile in order to collect evidence about the victim’s indiversity from the “former court” located in the Jindo-ro 99, Jindo-ro, Jindo-ro around 19:00, Defendant A had the victim wear a location tracking device on the victim’s automobile.

Thus, Defendant B collected the location information of the victim from the time when the location tracking device was attached to the back wheel of the DNA-learning vehicle parked in the same place according to Defendant A’s teacher, at around 20:30 on the same day, from that time, Defendant B collected the victim’s location information without the victim’s consent until 11:00 on the 23th of the same month.

As a result, Defendant A instigated Defendant B to collect location information of the victim without the consent of the victim.

2. Defendant B in violation of the Act on the Protection, Use, etc. of Location Information in Defendant B collected the location information of the victim from around November 16, 2018 to around November 11:00 of the same month without the consent of the victim from around 23:0 of the same month, at the “F” parking lot located in Jinju-si E on November 16, 2018.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs, such as scene of crime;

1. Article 40 subparagraph 4 of the Act on the Protection, Use, etc. of Location Information and Article 15 (1) of the Criminal Act are applicable to the relevant criminal facts and subparagraph A of the choice of punishment: Article 31 (1) of the Criminal Act;