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Defendant
A A shall be punished by a fine of five million won, and Defendant B shall be punished by imprisonment with prison labor for six months.
Defendant
A does not pay the above fine.
Reasons
Punishment of the crime
Defendant A and Defendant B, an insurance agent, engaged in (ju) insurance customer management, etc., while managing personal information of insurance customers.
No person who has managed or processed personal information shall damage, destroy, alter, forge, or leak any third person's personal information without due authority or beyond the authority permitted.
1. On October 2016, Defendant A, a personal insurance agency, released personal information, such as G and H, 78 customers’ names, cell phone numbers, vehicle numbers, etc., that he/she came to know in the course of performing duties, such as accessing D offices located on the fourth floor of the F building in Daegu Suwon-gu (State), D offices located on the fourth floor of the F building in the foregoing (State) D, which are the customer management program of D, by means of entering such personal information as G and H, etc.’s name in the course of performing duties, cell phone numbers, and vehicle numbers, etc.
2. On September 28, 2016, Defendant B sent personal information, such as name 3,765 of the said automobile insurance customer, cell phone number, vehicle number, etc., to Defendant B without permission, by accessing the said (State) D D office, which is the customer management program of the said (State) D around September 14, 2016, in order to use for establishing and operating an insurance agency, which is a personal insurance agency, to obtain personal information such as the said vehicle insurance customer 3,765, cell phone number, and vehicle number from the electronic data.
Defendant B, an insurance agent in the F4th floor in Daegu Suwon-gu, Inc. (hereinafter referred to as “D”) has the authority to access Schlage, a customer information computer program managed in D, who is an insurance agent in F4th floor in 2017.
By using customer information, he/she independently used the customer information to act as an insurance agent with the trade name of "E agency".
1. The purpose of any person who violates the Unfair Competition Prevention and Trade Secret Protection Act (including the divulgence of trade secrets) is to obtain unjust profits or to inflict losses on a person holding trade secrets;