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(영문) 울산지방법원 2014.09.15 2014고정1412
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who sells mobile phones and operates a mobile phone agency in the name of “C Communications” in Yangsan City, and is a personal information manager who processes personal information of customers who subscribe to and use mobile phones.

No person who manages or has processed personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority.

Nevertheless, on November 7, 2013, the Defendant provided D’s name and resident registration number to the Ste Telecom Co., Ltd. by using D’s name and resident registration number already owned, and provided D’s name and resident registration number as if D applied for smart call additional services, even though D had not obtained consent from D on November 29, 2013 with respect to the mobile phone number (E) established in D’s name and resident registration number.

Accordingly, the defendant provided the name and resident registration number of the subject of information D, which he became aware of in the course of performing his duties, without the authority to use them for the provision of additional services.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Inspector;

1. Application of Acts and subordinate statutes to report internal accidents (Attachment to an application for change of a terminal);

1. Article 71 subparagraph 5 of the Act on the Protection of Personal Information and Article 59 of the Act on the Protection of Personal Information and Fines for Crimes;

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

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

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