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(영문) 서울북부지방법원 2020.04.22 2020고정461

개인정보보호법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who has managed or processed personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority.

Nevertheless, from June 2013 to August 16, 2014, the Defendant, while working at the “C” convenience store located in Jung-gu Seoul Metropolitan Government, prepared a resume stating the victim’s name, resident registration number, address, etc. from the victim D who provided part-time services at the above convenience store, and disclosed the victim’s personal information by making false documents as if the victim had worked at the above convenience store, although the victim did not have actually worked at the above convenience store. On March 8, 2014, the Defendant: (a) prepared a report document stating the victim’s name, resident registration number, address, etc.; and (b) disclosed the victim’s personal information that he/she knew in the course of performing duties by having the victim report daily employment income to the National Tax Service, using the victim’s personal information name, resident registration number, and address as the victim’s personal information.

In addition, around May 11, 2014 and around August 10, 2014, the Defendant divulged the personal information of the victim that he/she became aware of in the course of performing his/her duties as above and divulged the personal information of the victim three times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation, reply to requests for cooperation in investigation;

1. Article 71 subparagraph 5 of the Personal Information Protection Act and Article 59 subparagraph 2 of the same Act concerning facts constituting an offense, the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;