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(영문) 서울중앙지방법원 2016.11.30 2016고정3432
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A personal information manager shall not provide a third party with the personal information of a subject of information without the consent of the subject of information unless it falls under an exception prescribed by the Personal Information Protection Act.

Nevertheless, around January 29, 2016, the Defendant was provided with the purpose of using the “B pent Complex Invitation Business” with knowledge of the fact that the case was provided without the consent of the data subject in Korea (name, cell phone number, mobile phone number, address, etc.) collected by the data processor in his/her name-free 98,876.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Statement of the police statement of E;

1. Each police seizure record and the list of seizure;

1. Application of statutes to output data of each personal information file;

1. Article 71 Subparag. 1 of the Personal Information Protection Act and Article 17 (1) 1 of the Act on the Protection of Personal Information and the Selection of Fine for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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