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집행유예
(영문) 서울중앙지방법원 2013.1.25.선고 2012고단6941 판결
위치정보의보호및이용등에관한법률위반,정보통신·망이용촉진및정보보호등에관한법률위반,정보통신·망이용촉진및정보보호등에관한법률위반(정보통신·망침해등),신용정보의이용및보호에관한법률위반
Cases

2012 Violation of the Act on the Protection and Use of Location Information, Information and Communications

Act on Promotion, etc. of Utilization, Information and Communications

Act on Promotion of Utilization of Information and Communication

Violation of the Use and Protection of Credit Information Act, etc.)

Defendant

1. Kim 00 (0000 - 000000) Other projects

Residential height;

Jeonju City in the original domicile

2. Stambling0 (0000 - 000000) Other projects

Residential ancient cities

Gangwon in the place of registration

Prosecutor

Kim Jong-Un (Lawsuits) and Lee Jong-young (Trial)

Defense Counsel

Attorney Park In-bok (private election for all of the defendants)

Imposition of Judgment

January 25, 2013

Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above punishment against the Defendants shall be suspended for two years from the date this judgment became final and conclusive.

Nos. 2, 14 through 32 of the seized evidence from Defendant Kim 00, Nos. 3 through 7, 12 of the seized evidence

Defendant Park 00 each confiscation.

Reasons

Criminal History Office

Defendant Park 00, from the upper half of 2010 to the middle half of 2010, Seoul 00 Dong 000 - 000 - 000

In the 200th place, there is a history of working at the illegal center of the 'propony 000' from the prosecution, and 2010.

11. From First Lieutenant to October 20, 201, 000 Hayang-si 000 000 000 000 Hayang-si

Suyang-si 00 00 00 - 000 000 - 000 - 00 Rasa from October 20, 201 to December 27, 2011

From 00 to 000 to '000 Korea', the illegal heart center is jointly operated with Defendant Kim 00

Korea is one person.

Defendant Kim 00 is not a trade name from the first half of 2010 to the first half of 2010 to the first half of 2010 to the first half of 2010.

At the Oil Center of the Act, the head of the investigation team has worked together with the defendant Park 00, and 2010.

11. The trade name of 00 "Korea", along with Defendant Park Jong-chul, from around December 1, 201 to December 27, 2011.

person who has been in the position of the head of the headquarters by jointly operating the illegal oil center;

is the same.

Kim* * Work as the team leader of the above 000 Korea from April 10, 201 to December 27, 2011.

A person who has been in the Republic of Korea, Kim + A + D' from May 3, 201 to December 27, 2011, the above "00 Korea" is a week from May 3, 201 to December 27, 201.

A person who works on the other hand, on the other hand, from June 2009 to November 201, 201.

19. Until December 19, 198, a prompt name center using an unspecified PC as its basis without having a certain office.

(1) In the course of operating another person's mobile phone location information in his/her business and provide another person with such information.

Kim MaMaMa (Final Judgment) is Kim Ma-gu 00, Seoul 00 from the beginning of 2010 to November 15, 2011.

- Of 00 00 '00 '00' as a business operation, many and unspecified persons while operating a mutual oil center;

of another person's mobile phone location information requested from 00, and from 00

It is a person who receives a reply and provides it to the requester again.

Defendants are persons who jointly operate the aforementioned 000 Domestic Oil Center in common.

htp on advertisements of oil companies and on the Internet homepage: / 000orea.com

A general of finance and employees shall recruit and consult an unspecified number of clients who have visited or contacted with telephone;

Kim & Kim * and Kim + + When working as the head of the team and the principal of the above Simnx enterprise.

At the same time, each applicant shall maintain and manage the Internet blogs, etc. and take charge of the on-site failure of the respondent, etc.

The role was shared.

Defendants, in collusion with the above Kim* * 15, Kim + + 00, Kim Medi and Medi Medi to profit-making in collusion with the above Kim * 15, Kim Medi

For the purpose of making inquiries about location information, information on subscribers, etc. to many and unspecified persons and to others;

In order to provide money and receive the money, the money was born.

1. Violation of the Act on the Protection and Use of Location Information;

Any person who is an individual or mobilely in question without the consent of the individual or the owner thereof.

No location information of any object shall be collected, used, or provided.

Defendants: (a) on September 26, 201: (b) on September 26, 201, at around 58, the requesting person for name in an unsound place.

010- 0000 - Upon receipt of a request for personal location information inquiry about '000', the Defendants made a deposit at the commission.

A national bank bank account in the name of 00 (sudity of Defendant Park 00) that is a criminal account used for the account;

(00000 - 00 - 00 - 00000) to KRW 500,000, and around that time, Kim Ma** this account used.

400,000 won under the name of request for the bank account (000 - 0000 - 000000) with 00,000

After remitting, Kim Ma-phone's location information on the above Hand phone number was requested to Kim Ma-phone.

After that, Kim MaMaMa MaMa has inquired of location information about ‘010 -000 - 00000' through 0011.

9. 26. 26. 12: around 48 : 010 - 0000 - 0000 (000 - 0), Busan 00 - 00 - 00 - 00 - 00 - 00 -

In addition, location information was provided as E - Mail with the content of “Burging”, and the Defendants around that time.

The location information was provided to the person who requested the name misstatement.

Defendants, in addition to them, Kim Ma, Lee 00, Kim *, Kim *, Kim + + in collusion with the Defendants, from August 17, 201 to August 2011.

11. From July 1, 200 to July 200, an individual or an owner of a total of five times, such as the entry in the Schedule of Crimes (1).

collection, use or collection of location information of an individual or mobile object without consent; or

The provision was made.

2. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network).

Anyone who intrudes on an information and communications network without access authority or beyond permitted access authority.

shall not take any action.

Defendants: around June 2010, Seoul 00 00 - 000 - 0000 - 0000 - 000 - 000 - - 000 - 'proced from the prosecution'

At the time of being employed as an employee in the illegal oil center in each subparagraph, Kim 00 finds his/her friendship.

for the purpose of finding and consulting with the above office, and the delivery details of Round on computers in the office

ID (ID) with a program installed and used only for the selective distribution service.

'00000' and password '0000', after entering '00' and '000', 'friendly or Kim, not a door-to-door distribution service'.

The name of Kim00 and mobile phone numbers are entered for the purpose of finding 00 addresses, and the distribution of gender-based products is made.

He/she shall observe the address next to ascertaining that he/she knows the address by inquiring about the address of the place of origin, and shall double labing lab of Kim 00

The program ID (ID) and password were included in the transmission content inquiry program.

After that, the Defendants * Kim*, Kim + + their transport from March 201 to January 201, 201, along with them.

Suyang-si 000 00 000 000 000 000 '000 '' within the office of 000 'Korea'.

Doz. 10 Gaz. 100 Gaz. which was installed without permission on the office computer

(ID) Intrusion into the information and communications network of Round by entering the Round and password, and inspecting the details of customer delivery.

by finding out the address of a number of persons who requested it, and making it illegal to the clients.

No. 50

As a result, the Defendants are Kim*, Kim + + + and without access authority or permitted access in collusion with them.

In excess of authority, the information and communication network was invaded.

3. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

A person who knowingly divulges personal information for profit or for any other wrongful purpose;

shall not be provided with beams.

Defendants are the Defendant from the person who requested the false name at around 45, 201 at a non-permanent place.

of an amount not equal to the amount not equal to the bank account (00000 - 00 - 0000000) used by the public bank

- 010 - 0000 - 00000 upon request to inquire about the identity of the insured when receiving mine deposits;

Around that time, Kim Madlop phone number connected to Kim Madon's communication data inquiry books and the above Handphone number

I asked for consideration of the personal information of the insured.

After that, the Defendants: 14:02 on the same day, 010 - 000 - 0000 - 000 (00000)

"00000/ 0000/ 0000)" is provided with personal information on the aforementioned mobile phone subscribers on the same day.

14: 19 up to 19: A national bank account in the number of 00 descendants used by Kim MaMaMa MaMa, (000 - 00 - 00000) 230,000

After remitting the source, the personal information of the subscriber to the above mobile phone shall be delivered to the person who requested the identity in the name of the requester.

was.

Defendants, in addition to them, Kim*, Kim + + in collusion with them, are around December 2, 2010 to December 21, 201.

(2) The circumstances in which the personal information has been divulged over 112 times in total, such as the entry of the list of offenses in attached Form 1(2).

With knowledge of profit or illegal purpose, personal information was provided.

4. Violation of the Use and Protection of Credit Information Act;

Anyone who is not a credit information company, etc. shall identify or finance a specific person's location and contact information.

No business shall be conducted to investigate private life, other than commercial transaction relationships, such as trading.

Defendants are representatives of credit information companies permitted by the Financial Services Commission, and are not employees.

Internet site “htp: / 000orea.com ...” and “corporate investigation, family problems, and VIP special provisions.”

Delegation investigation, digital investigation, overseas investigation, various types of identification, role agency, personal protection, intentional traffic accident fraud

Major cases, industrial accident insurance fraud cases, finding people, finding overseas criminals, etc.

As a business, the credit information company may operate the credit information company without permission against an unspecified number of clients.

Food was made.

Defendants may request within the office of “Korea” operated by the Defendants around November 18, 2011.

one hundred husband's back investigation of the non-wheeled family relation by one hundred husband for a period of two weeks, upon request by the court,

In return for the commission of the Defendants, the AFC Account with 00 persons

(000 - 0000 - 0000 - 000) 2.4 million won after deposit, '100 husband' as requested by the requester.

Investigation of privacy, etc. and notification to the client of the result.

Defendants, in addition to them, Kim*, Kim + + in collusion with them, are around May 13, 201 to December 20, 201.

(3) A credit information company, etc. other than a credit information company, etc. over a total of 5 times, such as the statement in the attached list of crimes;

Finding the location and contact of a specific person or creating privacy, other than commercial transaction relationships, including financial transactions;

The work was conducted as a business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Kim* Kim, Kim + Each police interrogation protocol on police officers against Kim 00

1. A separate suspect, Kim Jong-soo, and a copy of the suspect suspect interrogation protocol Me (three times);

1. Protocols of seizure and list of seizure of each police;

1. Investigation report (Analysis of accompanying details of transactions of suspect Kim 00-Use criminal accounts) and investigation report (suspects and suspects);

An accomplice Kim Ma-Ma (The details of the currency between accomplices Kim Ma), a criminal investigation report (specific facts of the crime committed on location information inquiry), and an investigation report (gender-based dispatch).

and site-to-site site-to-site-to-site-to-site-to-site-to-site-to-site-to-site-to-site-to-site-to-

Hand 010 - 0000 - Copy of a photograph stored 0000), investigation report (00, 00, 00, leap, etc.)

T connection Meet attachment) An investigation report (a attachment on a suspect’s book) and an investigation report

(Related to a delegation contract for private investigation) and investigation report ( Kim00 010 - 0000 - 000 Handphone letters

2.2 22 1.2 1.2 1.2 1.2 2 2.2 1.2 1.2 2.

G. Report (Emphs of suspect Park 00, Kim 00 mobile phone numbers) and investigation report (Criminal facts committed in relation to location information inquiries)

No 5. Specific

Application of Statutes

1. Relevant Articles of criminal facts;

○ Defendants: Article 40 Subparag. 4 and Article 15 Subparag. 1 of the Act on the Protection, Use, etc. of Location Information

subsection, Article 30 of the Criminal Act (Collection and Provision of Location Information, Selection of Imprisonment), Promotion of Information and Communications Network Utilization and Information Protection

Article 71 subparagraph 6 of the Act on the Protection, etc. of Personal Information, Article 28-2 (2) of the Act, Article 30 of the Criminal Act.

§ 72(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

HS Heading, Article 48(1), Article 30(1) of the Criminal Act (Violation of Information and Communications Network and Selection of Imprisonment or Imprisonment), the use and display of credit information.

Article 50(2)7, Article 40 subparag. 4, and Article 30 of the Criminal Act.

Imprisonment)

1. Aggravation for concurrent crimes;

○ Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

○ Defendants: Article 62(1) of the Criminal Act

1. Confiscation;

○ Defendants: Article 48(1)1 of the Criminal Act

Reasons for sentencing

Defendants collected various information about individuals for a considerable period of time; and

In the process of notification, the commission of the instant crime was committed and a large amount of personal life due to such crimes.

Considering the fact that the relevant information and the privacy of individuals are infringed, the Defendants should be punished strictly.

First, the defendants recognized the defendants' mistakes and are in depth against their depth, and the defendants are regularly doing business.

Crimes committed in a planned and secret manner, such as using an account in the name of the principal or his/her relative;

that the Defendants did not commit a crime, and that the Defendants did not have any specific criminal history prior to the instant case.

Comprehensively taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

Judges

Judges Lee E-soo-type

Note tin

1) The prosecutor applies Articles 72(1) and 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. to the above charged facts.

At the same time, the name of the crime was prosecuted as "violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.", but the name of the crime was "information and communications network"

The Act on Promotion, etc. of Information and Communications Network Utilization (Violation of Information and Communications Network) is the violation.

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