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(영문) 인천지방법원 2019.05.16 2019고정182
개인정보보호법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. No person who manages or has processed personal information of a defendant A shall divulge personal information that he/she has become aware of in the course of performing his/her duties or provide it to another person without authority;

From the end of April 2018, the Defendant operated the “D” in the Dong-gu Incheon Metropolitan City University, around January 2016, and notified the victim E’s resident registration number and the victim to B who wishes to file a personal complaint.

Accordingly, the defendant, who managed or processed personal information, provided another person with personal information he/she became aware of in the course of his/her duties without authority.

2. No person who has managed or processed personal information of Defendant B shall divulge personal information that he/she has become aware of in the course of performing his/her duties or provide such information to another person without authority, and shall knowingly receive such personal information for profit or for any other wrongful purpose;

On April 2018, the Defendant received a victim’s resident registration number from A, upon request from A, who knows the personal information of a business victim, in order to file a criminal complaint against the victim E, and to enter the same in the petition for criminal complaint, from a mutual influent drinking house located in the Nam-gu Incheon Metropolitan City, Nam-gu.

As a result, the defendant was provided with personal information for unjust purposes with knowledge of the fact that a person who managed or processed personal information knowingly provides another person with personal information without authority.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to national questions, civil petitions and copies of complaints;

1. The Defendants: Article 71 Subparag. 5 of the Personal Information Protection Act and Article 59 Subparag. 2 of the Act on the Protection of Personal Information; the Defendants’ selection of a fine for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.

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