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(영문) 서울남부지방법원 2018.06.26 2016고정2698
개인정보보호법위반
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Criminal facts

The defendant was the person who was the head of Jeju Special Self-Governing Province B head, and was released from the 20th line that was implemented on April 13, 2016 as a candidate for the Seoul Metropolitan Area C Party D.

A person who has been provided with personal information from a personal information processing person shall not use such personal information for any purpose other than the intended one or provide it to a third party.

Nevertheless, around May 15, 2015, the Defendant, as a secretary of the Seoul Metropolitan City Party Member D Political Party Member Council, sent e-mail from E managing the personal information of the members of the Seoul election district, to the effect that “I will use it for sending 1-year commemorative text message” was kept on September 4, 2015 at a non-city Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Party Member”) and then used the above list to send H text message for the election campaign purpose of the Defendant to I through H at a non-permanent place (hereinafter “Seoul Special Metropolitan City Party Member”) around September 16:13, 2015, and around September 10:42, 2015.

Accordingly, the Defendant used personal information received from the personal information manager for a purpose other than the purpose of receiving it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness H in the second public trial record;

1. Entry of part of the witness K in the fifth public trial record;

1. Protocols concerning the interrogation of suspects of public prosecutors under E;

1. Statement by the police concerning L;

1. Letters and photographs;

1. A statement of inquiry about mobile phone subscribers and a reply statement;

1. A list of residents' inquiries;

1. Application of a written inquiry by residents to Acts and subordinate statutes;

1. Article 71 of the Personal Information Protection Act and Articles 71 subparagraph 2 and 19 of the same Act concerning facts constituting an offense, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is the personal information that the Defendant received.

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