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(영문) 서울중앙지방법원 2017.10.13 2017고정2293
개인정보보호법위반
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 by any person who exceeds the purpose of performing his/her duties prescribed by statutes, etc. and is aware that he/she has not obtained consent from the subject of information.

On July 28, 2015, the Defendant: (a) requested C, a region belonging to the Seoul Young-gu Police Station B District District, to “A request the seller to inquire about the exact address of D in connection with the purchase of the land at his/her ordinary seat”; and (b) transmitted the aforementioned D’s birth date by a mobile phone text message to C; (c) around that time, the Defendant was provided with information on the said D’s address by telephone.

Defendant, as seen above, was provided with the above personal information even without the consent of D, who is an owner of information, from around July 13, 2016, to the extent of 15 times in total, including the receipt of the above personal information, even though he was aware that he did not obtain the consent of D, who is an owner of information, and was provided with personal information, such as the address of the owner of information and whether he did not obtain the consent of the owner of information.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect C;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 71 Subparag. 1 of the Personal Information Protection Act and Articles 17 and 17(1) of the said Act for the purpose of criminal facts and for the selection of punishment (the punishment shall be imposed, taking into account the selection of punishment, motive for criminal conduct, frequency of criminal conduct, equity in punishment with the same kind of case, etc., where a fine prescribed by the summary order of this case

Now is visible)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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