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(영문) 부산지방법원 동부지원 2014.07.24 2014고정838
정보통신망이용촉진및정보보호등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one shall be knowingly provided with personal information for profit or for an unlawful purpose with knowledge of the divulgence of personal information. Nevertheless, at around 17:00 on September 24, 2013, the Defendant, at the real estate office where the Defendant was working, he/she was using a computer to obtain a total of 10 personal information data from DB (personal information) by sending DB (personal information) to an unspecified number of IDs including the Defendant, and by receiving a file using DB (E), even though he/she was aware of the fact that the personal information was divulged while sending DB’s purchase intent to contact, even though he/she was aware of the fact that the personal information was leaked.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes attached to dialogues on transaction of net personal information;

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., of the relevant criminal facts and Articles 28-2 (2);

1. Selection of an alternative fine for punishment;

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

1. Consideration, such as the fact that the defendant is a primary offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant is in profoundly against the wrong fact, and the fact that the amount of information and data provided is relatively small.

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