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(영문) 서울중앙지방법원 2015.12.17 2015고단6258
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

Defendant

A and B Imprisonment with prison labor for 10 months, and Defendant C shall be punished by a fine of 20,000,000 won.

except that this judgment.

Reasons

Punishment of the crime

1. The Defendants’ business Defendant C is a company established on March 13, 2012 for the purpose of wholesale and retail of infant supplies and Internet information intermediary services, and Defendant A is the representative of the said company.

On September 1, 2012, C Co., Ltd. entered into an entrustment contract with H Co., Ltd. (the provider of information and communications services under Article 2(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., which is applicable to the provider of information and communications services, operation of the member website I related to pregnancy and delivery) for the sale of goods on the above I website. Pursuant to the above contract, C Co. was provided with personal information, such as name, address, e-mail, date, telephone number, telephone number, telephone number, date of birth, gender, purchase information, and delivery information, etc. of members of the I website for the purpose of using them for “delivery management, purchase management, marketing, e-mail, telephone and short message transmission.”

Defendant

B operated the call center company of K from September 2013, the company was operated with 10 employees of the L Building 501 and 25 employees of the Seocheon-gu M&A 305, respectively, in light of the following: (a) the company, which mainly takes charge of the consent call (such as a financial counsel company and insurance company, to ask customers to consent to the financial consultation and insurance consultation from the above company).

2. A person who receives personal information of a user from a defendant A or B information and communications service provider shall not provide a third party with such personal information, except with consent of the user or with special provisions in other Acts, while a third party shall not be knowingly provided with such personal information for profit or for any other wrongful purpose;

Nevertheless, Defendant A has a personal information of 100,000 members of the I website, and Defendant A used the personal information of 10,000 members of the I website, and is below Gangnam-gu Seoul.

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