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(영문) 서울중앙지방법원 2014.10.17 2014고단5555
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

One cell phone (No. 1) and one USB (No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

Without certain occupation, the defendant is a person who has been provided with illegal personal information DB from China and Korea, and provided with illegal personal information DB to consumers without compensation.

1. Although a person who illegally acquired personal information was not knowingly provided with personal information for profit or for an unlawful purpose even though he/she was aware of the divulgence of such information, the Defendant received, around December 3, 2013, 602 files containing 50,103 items of personal information including the name, telephone number, date of birth, account, etc. from D through E-mail using C-mail used by him/her for an unlawful purpose as indicated in the attached list of crimes (1) from December 14, 201 to June 8, 2014, including 17,743,275 items of personal information, such as a large number of unspecified personal information, telephone number, address, etc., including F, etc., from the sale of personal information, including 17,743,275 items (5,502,784 items after double removal) from F, etc.

2. A person who divulges another person’s confidential information may not infringe, use, or divulge another person’s confidential information stored, managed, or transmitted through an information and communications network. However, on January 19, 2014, the Defendant disclosed 61,025 other person’s confidential information by transmitting e-mail to the purchaser of personal information (IDG) in the manner described in attached Form No. 1-7 (2), including 50,103 files containing personal information including the name, telephone number, date of birth, account, etc. received from the above D (A’s written indictment appears to be clerically written) using Cmers used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Records of seizure by prosecution;

1. Each investigation report two pages, 98, 86, 925, 945, 955 of the evidence;

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