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(영문) 서울남부지방법원 2015.10.08 2015고단423
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

Defendant

A Imprisonment of one year and six months, Defendant B, and C, respectively, shall be punished by a fine of eight months, and Defendant E shall be punished by a fine of twenty thousand won.

Reasons

Criminal facts

1. Defendant A, B, and C’s joint criminal administration is the representative director of the (ju) E, who manages the Internet site “L”, “M”, and “N” and takes charge of the affairs related to the “te-S (DB) marketing” in which information on its members is provided to a tele-market enterprise or an insurance company, and Defendant B, as the chief manager of the (ju) E’s business, provides its member information to a tele-market enterprise as mobile storage medium (USB) or e-mail; and Defendant C is a person in charge of the affairs such as operating the information transmitted from a tele-market enterprise to the insurance company server; Defendant C is a person in charge of the affairs such as maintaining and repairing the membership information management program, the provision of personal information to an insurance company, etc.; and Defendant C is a person in charge of the affairs related to the provision of personal information of the said “N” as a representative director of the (ju) E-E, and otherwise O is a person in charge of the affairs related to the provision of personal information.

Meanwhile, the 3,733,477 personal information on the website was acquired by Defendant C through TV home shopping in around 2002, and was collected by the users without their consent to collect and utilize personal information. The 3,416,754 personal information on the “M” site is personal information stored in the e-site by Qua, who was an employee of the e-site, transferred it to the e-site without their consent to collect and utilize the personal information from other Internet sites. The 2,556,574 personal information on the N-site was changed to the N’s member information on the 'N’ site by acquiring the personal information on the NA site illegally distributed by the saidO.

Therefore, in collusion with theO, the Defendants offered personal information to the insurance company by using personal information on the “L”, “M”, and “N” sites owned under the foregoing circumstances. A.

A provider of information and communications services entrusted to handle personal information about F Co., Ltd. is a third party.

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