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(영문) 부산지방법원 서부지원 2020.06.12 2019고정994
개인정보보호법위반
Text

A defendant shall be punished by a fine of 600,000 won.

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

Reasons

Punishment of the crime

Defendant

A is a person who is a cause of the reconstruction association of the B apartment in North-gu, Busan, and C is the same auditor, and D and E are directors of the same association.

No person who has managed or processed personal information shall damage, destroy, modify, forge, or leak any third person's personal information without due authority or beyond the permitted authority.

Nevertheless, on April 9, 2019, the Defendant disclosed the personal information of the complainant by inserting the name and resident number of the complainant in the cell phone “BPT 1 District Reconstruction Promotion Committee meeting” on the cell phone app (BPT) in which 252 rebuilding members exchange a conversation within the north-gu, Busan, 2019.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of each police statement about D and C;

1. Meetings of the reconstruction promotion committee in Zone 1 of the BAPT;

1. Application of the Acts and subordinate statutes on mobile phone Kakaoo photographs;

1. In the case of Article 71 Subparag. 6 and Article 59 Subparag. 3 of the Personal Information Protection Act for criminal facts, the act of divulging the “personal information learned in the course of performing duties” is prohibited, while it does not require that the personal information prohibited from divulging in the language and text of Article 59 Subparag. 3 of the same Act is “the information learned in the course of performing duties.”

The prosecutor prosecuted the facts charged in the instant case as a single crime, but the violation of the Personal Information Protection Act constitutes separate crimes for each subject of information.

(see, e.g., Supreme Court Decision 2016Do13263, Apr. 7, 2017). 1. Articles 40 and 50 of the Criminal Act of the Commercial Competition

1. Selection of an alternative fine for punishment;

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

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

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