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(영문) 인천지방법원 2019.02.15 2018고정2074
개인정보보호법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

On November 30, 2017, at least 20:30, the Defendants, without the above D’s consent, provided CCTV images, the face of the said D was taken by the head of the war management office E without obtaining the said D’s consent, to verify the time of commuting from the disaster prevention office in Jung-gu Incheon Metropolitan City Management Office.

Accordingly, the Defendants were provided with personal information with knowledge of the fact that they did not obtain the above D’s consent.

Summary of Evidence

1. Defendants’ respective legal statements

1. Results of CCTV (Evidence No. 92);

1. Application of the police statement law to D;

1. Relevant Article of the Act on the Punishment of Criminal Crimes and the Defendants’ Selection of Punishment: Subparagraph 1 of Article 71 of the Personal Information Protection Act and Article 17 (1) of the same Act;

1. The deferred sentence Defendants: A fine of one million won each; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the Defendants’ assertion under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2009Do1448, Apr. 2, 2009) (see, e.g., Supreme Court Decision 2008Da1248, Apr.

1. Summary of the assertion

A. There was no intention of violating the Personal Information Protection Act, since the management office, which was the information management officer, was perused by the guidance without the consent of the data subject.

B. Since Defendant B, the representative of the occupants, was during the course of performing his duties, it does not violate the social rules.

2. Determination

A. According to CCTV images on the assertion that there was no intention to do so, it is confirmed that E entered a disaster prevention room around 20:35:59, and the Defendants entered several seconds (20:36:03 to 20:36:05) and E was mixed at a disaster prevention room around 20:38:06.

E The CCTV can be seen as a disaster prevention room like the Defendants.

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