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1. Defendant shall be punished by a fine of KRW 1,000,000;
2. Where the defendant does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
B as an employee of the Jung-gu Daejeon apartment management office, a person who manages personal information in order to operate a personal information file, such as CCTV image for the purpose of his/her duties, and the defendant is the resident of the above apartment.
No one shall be provided with personal information with the knowledge of the situation in which the data subject has not obtained consent from the data subject in violation of the Personal Information Protection Act.
Nevertheless, on May 12, 2020, the Defendant prepared a written request for access to personal video information to B at the above apartment management office, and entered “the name and date of birth of the Defendant,” “the relationship with the subject of information,” “the personal information of the subject of information,” and “personal information,” in the column of “the subject of information,” in which “the Defendant submitted it to B,” respectively, and received the CCTV image of apartment stairs containing the form of D as its cell phone with knowledge of the fact that the Defendant and D did not obtain the consent of the subject of information due to the noise dispute between the floors of the Defendant and D.
Accordingly, the Defendant was provided with D personal information with knowledge of the fact that he did not obtain the consent of the subject of information from the personal information manager B.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Statement made by the police against D;
1. Investigation report (verification of a suspect A's request for perusal of personal video information);
1. Requests for perusal of personal video information;
1. Application of the Kakao Stockholm legislation
1. Article 71 subparagraph 1 of the Personal Information Protection Act and Article 17 (1) 1 of the Act on the Protection of Personal Information and Selection of Fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was to read CCTV images without the consent of the subject of information, and then re-transmit them to the subject of information without the consent of the subject of information. As a result of the instant crime, D, the subject of information, was suffered.