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(영문) 대구지방법원 서부지원 2018.09.06 2017고정781
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, on April 15, 2017, the Defendant: (a) posted the location tracking device leased from D to D’s E-A-car at the residential parking lot in Daegu-gu, Seogu; and (b) collected C’s location information without C’s consent from May 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. A written petition;

1. A protocol of seizure and a list of seizure;

1. A contract for leasing a device for tracking location;

1. Application of investigation reports (application for subscription to the Ethact service and attachment of location tracking information data), application for subscription to Ethact service, location information data, and investigation reports (data analysis submitted by F) Acts and subordinate statutes;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 and Article 15 (1) of the Act on the Protection, Use, etc. of Alternative Location Information, and Selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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