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The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, the charge of occupational embezzlement is not guilty. It is so decided as per Disposition.
Reasons
Punishment of the crime
The Defendant is the representative of the CCTV building management unit from February 1, 2014 to December 1, 2016, who is the manager of CCTV camera installed in the building.
A personal information manager shall not use personal information beyond the scope under the Personal Information Protection Act or provide it to a third party in excess of the scope under the Personal Information Protection Act.
Nevertheless, from August 2016 to October 2010, the Defendant produced video images using images taken by the victim E, victim F, victim G, victim H, victim I, victim J, victim K, victim L, victim M, victim M, victim N, victim P, victim P, victim Q, victim Q, and victim R, and transmitted video images to three to four victims of D building, including S, without the consent of the victim.
Accordingly, the defendant provided the victims' personal information to a third party without the consent of the data subject.
Summary of Evidence
1. Partial statement of the defendant;
1. Some statements made against the defendant during the police interrogation protocol;
1. Statement made to the prosecution with regard to T;
1. The victims CCTV video information (the defense counsel asserts that the Defendant’s act constitutes a legitimate act that does not violate Article 15 subparag. 1 subparag. 6 of the Personal Information Protection Act, because the Defendant sent some of the images taken in CCTV to explain to the sectional owners of the building as evidence materials proving that the victims may damage the posts posted as the manager of the D Building without permission.
Therefore, Article 15, Paragraph 1, Item 6 of the Personal Information Protection Act is a case where it is necessary to achieve legitimate interests of the personal information manager, and it is clearly superior to the right of the data manager, and only if it does not exceed the reasonable scope and is related to the legitimate interests of the data manager.