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Defendant
The sentence for A shall be suspended.
Defendant
B shall be innocent.
Reasons
Punishment of the crime
A personal information manager shall not provide a third party with personal information without the consent of the subject of information.
Defendant
A is a personal information manager who manages personal information for the purpose of performing duties, such as keeping and managing documents related to the election commission, including the minutes of the said apartment election commission, and B is a person who served as the representative director of the occupant of the said apartment from May 31, 2012 to January 30, 2017.
B around June 2016, in filing a civil suit against D and E, a resident of the above apartment, required a power of delegation to D to delegate the above person's personal information and the eligibility to be elected by E to be present at the C apartment representative, and around 16:00 on June 30, 2016, the above apartment management office requested A to deliver the above power of delegation to A at the above apartment management office, and the defendant A provided one copy of the E's power of delegation with the name, address, resident registration number, etc. of the above person who was kept in the management office without the consent of D and E.
Accordingly, the defendant A provided his personal information to the third party B without the consent of D and E, the subject of information.
Summary of Evidence
1. Defendants’ partial statement
1. Statement of the police preparation of D;
1. Judgment on the assertion by Defendant A and the defense counsel
1. The defendant A and his defense counsel asserted that the defendant A, who was entrusted with management affairs by the council of occupants' representatives, provided the power of attorney at the request of the chairperson B and it cannot be viewed as the provision of information to a third party.
2. A personal information manager shall obtain consent from a subject of information (Article 17(1)1 of the Personal Information Protection Act) or comply with statutory obligations.