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(영문) 수원지방법원 2020.03.19 2019고단6899
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.

Nevertheless, without the consent of the victim B, the Defendant installed a flock (C) using the location tracking device at a place where the location is unknown on April 2019. On April 3, 2019, the Defendant collected the location information of the victim from around that time to October 23:42, 2019 by attaching a location tracking device to DK7 car operated by the victim who was parked in a place where the location is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Act and subordinate statutes to the Defendant’s mobile phone photographing photographs, internal report (hereinafter “C”), investigation report (location tracking devices “C”), investigation report (location tracking devices “C”), investigation report (in relation to the response materials of the production company), investigation report (in relation to the response materials of the production company), and investigation report (in relation to the examination of whether a crime is established)

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information

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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