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(영문) 서울서부지방법원 2014.01.06 2013고정2417
개인정보보호법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Although D, who sent to the Chairman of the Trade Union and Labor Relations Adjustment Committee of C company, had graduated from an elementary school, the Defendant received a certificate of graduation from D at will and submitted it to the election commission.

On January 14, 2013, the Defendant entered the FAX Civil Petition in the administrative office of the FAX at Mapo-gu Seoul Mapo-gu Seoul, in the name of “Seoul Mapo-gu G”, “D”, “H”, “H”, and “I elementary school” in the resident registration number of the Defendant’s petitioner address.

Accordingly, for the purpose of uttering, the Defendant forged a letter of FAX civil petition application in the name of FAX, a private document related to rights and obligations.

2. No person who violates the Personal Information Protection Act shall be provided with such personal information by a personal information manager despite the knowledge that the personal information manager has not obtained the consent of an owner of information

Nevertheless, on January 14, 2013, the Defendant was provided with D's graduation certificate stating D's resident registration number, graduate school, year of graduation, etc., which is personal information of which data subjects were known to the administrative office of the F High School located in Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused, J and D in the suspect examination protocol of the accused by the prosecution;

1. Police suspect interrogation protocol against J;

1. Application of Acts and subordinate statutes for a certificate of graduation or facsimile civil petition;

1. Article 231 of the Criminal Act applicable to the crime, the choice of punishment, and Article 231 of the Criminal Act, Article 71 subparagraph 1 of the Personal Information Protection Act, and Article 17 (1) 1 of the Act on the Protection of Personal Information (the provision of personal information without consent and the selection of fines);

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

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

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