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(영문) 인천지방법원 2014.05.29 2014고단2791
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On February 2012, the Defendants: (a) opened a lending brokerage office by investing money together with the horses; (b) discovered personal information under the pretext of employing telephone counselors and allowing an unspecified number of unspecified persons to provide loans by telephone calls; and (c) conspired to operate a business by selling such information to other lending brokerage companies.

No one who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall knowingly receive any disclosed personal information for profit or any unlawful purpose.

From the end of 2012 to April 2, 2014, the Defendants were provided with the total of 21,627,912 items of personal information, including the name, cell phone number, address, work name, etc., in which many and unspecified persons were arranged, for the purpose of identifying personal information by posting a telephone from many unspecified persons while operating the “G” office of the lending brokerage company at the 3th floor of Bupyeong-gu Incheon Metropolitan City or the 8th floor of the same Gu F building.

As a result, Defendants conspired to receive personal information for profit or for an illegal purpose while knowing the divulgence of such personal information.

(b) No person who manages or has processed personal information in violation of the Personal Information Protection Act shall acquire personal information or obtain consent to the management thereof by fraud or other improper means, divulge personal information known to him/her in the course of performing his/her duties, or provide it to another person without authority;

The Defendants, from February 2, 2013 to April 2, 2014, had ten telephone counselors, including I, with a computer and telephone, at the location of the above paragraph (a), and divide the personal information acquired as prescribed in the above paragraph (a) into the above telephone counselors, and use the off call system to the data subject for a random call.

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