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Defendant shall be punished by a fine of 1.50,000 won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant: (a) was a person in charge of the representative director of the apartment building C; and (b) was required to “emergency CCTV image data of an executive conference” which is personal information to prepare for the selection of an apartment guard station and related transmission companies; (c) was provided by the Seoul Special Metropolitan City Nowon-gu apartment management office on March 12, 2017; (d) files containing CCTV image data of the C apartment emergency executive conference on March 6, 2017; and (e) without obtaining the consent of D (52 years old) and five other persons who attended the above emergency executive meeting, the data subject, and without obtaining the approval of E, an electrical engineer of the above apartment management (n,45 years old); and (e) was provided by the Defendant’s electrical engineer F (n,45 years old) via the Defendant’s storage device (USB) and stored by a data subject.
Summary of Evidence
1. Application of Acts and subordinate statutes of each police statement protocol to E and F;
1. Article 71 subparagraph 1 of Article 71 of the Personal Information Protection Act and Article 17 (1) 1 of the Act on the Protection of Personal Information, which provides for the relevant criminal facts and the selection of punishment (opportune selection);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. According to the evidence duly adopted and examined by this court as to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the F is recognized as having been in charge of the perusal and reproduction of CCTV images under the delegation of the management complaint by the said CCTV management office as an employee of the said apartment management office. Thus, the Defendant’s provision of the CCTV images from F without the consent of D, etc. constitutes “the act of receiving personal information from the personal information manager without permission” under Articles 71 subparag. 1 and 17(1) of the Personal Information Protection Act.