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(영문) 청주지방법원 충주지원 2019.10.11 2019고단388
위치정보의보호및이용등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years of suspension of execution on August 14, 2018 to one year after having been sentenced to imprisonment for special intimidation in the Chungcheong District Court’s Chungcheong Branch on August 14, 2018, and the judgment became final and conclusive on August 22, 2018 and is currently under probation period.

【Criminal Facts】

1. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide the relevant personal location information without obtaining consent from the subjects of personal location information;

Nevertheless, around March 12, 2019, the Defendant: (a) posted a location tracking device on the ENAS car of the victim parked in the “D” parking lot for the “D’s operation,” which is located in the ENAB; and (b) collected the location information of the victim from that time to March 16, 2019 without the consent of the victim.

2. On March 11, 2019, the Defendant was issued a victim protective order with the content that “the victim C’s residence [D] and place of business within 100 meters” was “the victim C’s residence (hereinafter “D”)” and “the victim’s access prohibition is ordered.”

Nevertheless, around March 12, 2019, the Defendant entered a parking lot within 100 meters from the aforementioned “D” to attach a location tracking device to the said car as set forth in the above C’s paragraph (1) and did not comply with the court’s victim protection order.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Vehicle photographs;

1. Each police statement of C;

1. - Victim protective order decisions;

1. Report on internal investigation (verification of seized articles), - Location tracking photographs;

1. - Other closure photographs of the defendant's cell phone;

1. Investigation report (verification of the statement of the victim), - satellite photographs;

1. Criminal records: Criminal history records, inquiry report (A), investigation report (verification of the fact during the period of suspension of execution), and copy of judgment, and the application of one copy of judgment Acts and subordinate statutes;

1. Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense and Article 40 subparagraph 4 of the Act on the Protection, etc. of Optional to Punishment of Specific Crime;

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