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(영문) 부산지방법원 동부지원 2019.10.10 2019고단1499
개인정보보호법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, from January 2008, worked as the secretary general in the C organization located in Busan-gun B, and was working as an executive secretary of the election commission in the election of the sixth C organization that was implemented on November 29, 2018.

On November 29, 2018, the Defendant taken the sixth C organization election process with a view to preventing illegal voting, etc. in the middle lecture of the above C organization, and taken the face of voters who are personal information in the process.

Then, at around 14:00 on the same day, the Defendant: (a) confirmed the fact that the ballot paper number was stated on the top right corner of the ballot paper used for the above election; (b) confirmed the fact that the ballot paper number was distributed to voters in order from 1 to 199; and (c) compared the above ballot paper in which the ballot paper number and the candidate was stated, and then divided the ballot paper in order to voters, the Defendant prepared one copy of the document arranging the result of the voting by means of stating “F” in the name of the voter who was marked with E.

Accordingly, the Defendant, a personal information manager, used personal information beyond the scope according to the purpose of collecting and using personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on E, G, H, I, and D;

1. Each protocol of seizure and the list of seizure;

1. Copies of voting results;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 18 (1) of the Act on the Protection of Personal Information which is the option of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant's error in the sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the reasons for sentencing of the provisional payment order, the defendant is against the defendant, and it is obvious that social ties are against the defendant, the primary offender, and other reasons.

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