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(영문) 인천지방법원 2013.08.23 2013고정2289
신용정보의이용및보호에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A

(a) No person, other than credit information dealers who violate the Use and Protection of Credit Information Act, shall engage in business of detecting the whereabouts of a specific person or investigating private life, other than commercial transaction relationships, including financial transactions;

Nevertheless, the Defendant, from January 2012 to February 2013, opened a mutual office and Internet homepage (E) of the “D” in Bupyeong-gu Seoul Special Metropolitan City, Nowon-gu, 2013, and operated entertainment establishments, and, from January 21, 2012 to January 24, 2012, the Defendant, along with a request from the requesting F from January 21, 2012 to January 24, 2012, investigated the private life of others five times, including detection and investigation of a request cost of KRW 2 million, such as monitoring and failure of the G’s residence, by receiving the request cost of KRW 2 million from the requesting F, and inspecting the private life of others.

B. A person violating the Act on the Protection, Use, etc. of Location Information collected, used, or provided location information of the relevant individual or mobile object without the consent of the individual or owner, but the Defendant was requested to investigate the privacy of H from the requester H on February 20, 2013 and attached a location tracking device (GPS) on the lower part of the back end of the JH driver car operated by the I and provided the Defendant with the collected location information to H by February 26, 2013, by collecting the location information of the said vehicle operated by I on the Defendant’s cell phone until February 26, 2013.

2. As described in the preceding paragraph, the Defendant (a) is accompanied by A, while driving a survey vehicle of another person while investigating the other person’s private life, with the knowledge of the fact that A operates an interest center and investigates another person’s private life and collects and provides location information, on condition that A will receive KRW 100,000 per day.

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