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(영문) 인천지방법원 2016.07.21 2016고정1731
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 personal information to a third party without the consent of the owner of information or a third party unless it is clearly deemed necessary for the benefit of an imminent life, body, or property of the subject of information or a third party, where it is inevitable for the subject of information or his/her legal representative to perform his/her duties prescribed by Acts and subordinate statutes, or where it is not possible for the subject of information or his/her legal representative to express his/her intent or to obtain prior consent due to unknown address, etc., and where it is clearly deemed necessary

Nevertheless, around August 3, 2015, the Defendant, at the management office of Gyeyang-gu Incheon apartment, was provided with knowledge of the fact that he did not obtain his consent to the image of the CCTV which was kept in the fourth portrait of the expenses by requesting D, a management officer of the above management office, to search for a person who opened a leaflet posted in each of the elevator of the above apartment by affixing a photograph of defective construction related to the above apartment 4 emergency countermeasures against C apartment 4.

As a result, the Defendant received personal information from the personal information manager with knowledge of the fact that the data subject did not obtain consent.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, D, and H;

1. Application of the Acts and subordinate statutes to the electricity industry site and leaflet photographs;

1. Article 71 Subparag. 1 of the Personal Information Protection Act and Articles 71 and 17(1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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