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(영문) 서울중앙지방법원 2014.09.30 2014고단4725
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal facts

On August 9, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. at the Seoul Central District Court on August 9, 2013.

1. No one shall knowingly receive any divulged personal information for profit or any unlawful purpose;

Nevertheless, in order to send books and leafletss for promotion of proxy driving companies in front of the “G” office located in the Seoul Metropolitan Government F 3th floor around A, 2009, the Defendant purchased a personal information file with the name of “Data (2006.02 to 2009.02.02)” consisting of customer contact address, destination information, etc. leaked from the site of the proxy driving management entity.

In addition, in 2009, the Defendant paid an amount equivalent to one million won to another’s sales of personal information in order to send brochuress for publicity of a proxy driving company on the street in front of the above “G office,” and purchased a personal information file with the name “Draon.zip” composed of customer contact numbers and destination information leaked from the site related to proxy driving.

As a result, the Defendant knew of the divulged personal information, received individual personal information (the total number of cases 22,864,941 items) in attached Table 1 for profit or unlawful purpose.

2. No person who divulges another person's confidential information shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe, use, or divulge another person's confidential information.

Nevertheless, the Defendant, around July 2013, tried to send printed materials, which promote internal businesses, when he/she operates by J from the office of “I” located in the Dongjak-gu Seoul Metropolitan Government H branch office.

Dr(Defendants) is each proxy driving management program which is now tried.

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