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(영문) 의정부지방법원 고양지원 2016.02.16 2016고정26
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a corporation B (C) that sells mobile phones through Internet publicity and solicitation sale.

While the Defendant had been running a mobile phone sales business through the Internet for a long time, from August 2014, since the implementation of the Act on the Improvement of the Mobile Device Distribution System (a short name: the distribution of devices) from around August 2014, the business became worse and the inventory was stored, and the Defendant considered the enemy, while being aware of the mobile phone sales business, he was aware of the personal information of the attracting customer who was staying in China through the Internet mail advertisement and obtained illegal hacking of the Internet customer's website from the Internet, and was able to purchase and sell the DNA file to use it for the business of attracting the customer.

On November 26, 2014, around 14:18, the Defendant transferred KRW 160,000 to the NA account in the name of the Defendant, using the account in the name of the Defendant, a national bank in the name of the Defendant, “C,” a juristic person operating the DB after dialogue, using the said DB sales and the G account in the name of the Defendant, and then received 6044 of personal information on the Internet subscriber to another domestic Internet company, which includes the name, resident registration number, contact information, etc. of another person, in the above DB-based account.

Accordingly, the defendant acquired illegal personal information collected by illegal means or methods for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each investigation report and each internal investigation report;

1. Two cases of a request for search and seizure inspection warrant and data confirming the fact of communications, reply materials, request for the provision of communications data and reply materials, and request for the provision of communications data;

1. Application of the legislation of this case tracking DB Track Track

1. Article 71 subparagraph 6 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and Articles 71 and 28-2.

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