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(영문) 광주지방법원 2018.04.05 2018고정111

위치정보의보호및이용등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is in a divorce lawsuit between the victim B and the married couple, and C is a child of the defendant.

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, on September 26, 2017, the defendant and C conspiredd to collect location information of the victim by using Handphone location tracking devices in order to verify the actual place of residence of the victim in a divorce lawsuit against the defendant and the victim.

Defendant, and C, around 17:00 on September 26, 2017, entered the cell phone number of the Defendant’s cell phone on the cell phone (Galax S6) located in the Gwangju Mine-gu, Gwangju, in front of the Korean power plant located in the Gwangju Mine-gu, the Defendant: (a) placed the victim’s car in Dti-gu, the victim’s parked; (b) placed a glass tape on the victim’s cell phone (Galaxy Galax max) installed at the location below the victim’s vehicle located in front of the said vehicle; and (c) continuously collected the victim’s location information by using the victim’s cell phone (Galax S6) located in the aforementioned fish mar-gu, where the aforementioned fish mar is installed; and (d) the Defendant and C continued to enter the cell phone number of the Defendant’s cell phone subject to tracking; (c) placed the victim’s seat on board the said taxi until the victim left the said taxi; and (d) collected the victim’s location information by taking advantage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. B written statements;

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Article 40 subparagraph 4 of the Act on the Protection, Use, etc. of Location Information of the relevant Act on criminal facts, Article 15 (1) of the same Act, Article 30 of the Criminal Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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