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(영문) 부산지방법원 2020.01.30 2019고단5598
개인정보보호법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who manages or has processed personal information shall acquire personal information or obtain consent to the management of personal information by fraud or other improper means or by other improper means.

Nevertheless, the Defendant, while running loan brokerage business under the name of "C" in Busan Jin-gu B, Busan, had many unspecified persons from February 7, 2018 to July 8, 2018, sent the most recent text messages as if it had engaged in loan advertisement at a D bank, induced customers, and then had his/her nameless employees act as a member of the D bank to provide loan counseling, and let them receive personal information such as name, resident registration number, occupation, cell phone number, etc. from the customers who wish to provide loan counseling, and obtained personal information of customers through E, etc. as shown in the list of crimes in the attached Table.

Accordingly, the Defendant acquired personal information by fraud or other improper means or methods.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of Acts and subordinate statutes to an investigation report (verification of facsimile numbers using a call center false-person), closures of G received facsimile numbers, photographs, and investigation reports (verification of damage caused by telephone financial fraud by a telephone bank call center party to a call center);

1. Article 72 Subparag. 2 of the Personal Information Protection Act and subparagraph 1 of Article 59 of the same Act concerning the punishment for a crime and the choice of punishment;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are against the defendant, and the primary offender is the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc. are considered as a whole, and the punishment as set forth in the text shall be determined.

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