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(영문) 서울북부지방법원 2014.05.29 2014노202
개인정보보호법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Under Article 15(1)1 of the Personal Information Protection Act, the Defendant, which constitutes a constituent element of Article 18(1) of the Personal Information Protection Act, does not correspond to the elements of Article 15(1) of the Personal Information Protection Act, to the effect that the act of using G personal information collected and retained by the Defendant constitutes “where it is necessary to achieve legitimate interests of the personal information manager, and where it obviously takes precedence over the right of the owner of the information,” and that “the personal information manager shall not use the personal information beyond the scope provided for in Article 15(1)” does not constitute a constituent element of Article 18(1) of the Personal Information Protection Act, to the effect that “the personal information manager shall not use the personal information beyond the scope provided for in Article 15(1).”

B. The Defendant’s act of political party acts is an act that does not violate the social norms, and thus, is not illegal.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment to the effect that “the name, address, and mobile phone number of the G personal information” in the facts charged in the trial of the political party is “personal information address of the G, mobile phone number” and “the mobile phone number,” and since this court permitted this, the judgment of the court below was no longer maintained.

However, despite the existence of the above reasons for ex officio reversal, each of the above legal principles of the defendant is still subject to the judgment of this court within the scope of the modified facts charged, and this is examined.

B. Article 15(1) of the Personal Information Protection Act provides that a judgment on the assertion that there is no possibility of constituting the elements of a crime.

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