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(영문) 서울중앙지방법원 2015.04.09 2014고정4300
개인정보보호법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the head of the Gangnam-gu Urban Environment Headquarters.

On May 23, 2013, the Defendant requested G to peruse F’s resident registration cards because it is necessary for H development projects, without obtaining consent from F, an owner of the information, even if it is not inevitable for performing his/her duties. On May 23, 2013, the Defendant received F’s address and information on F’s address after accessing F’s resident registration cards to the resident inquiry computer’s resident registration management system installed therein.

Accordingly, the Defendant received personal information without the consent of the subject of information.

Summary of Evidence

1. Legal statement of witness F;

1. F statement of the suspect interrogation protocol of the police officer G and the suspect interrogation protocol of the defendant second time against the police officer

1. Statement made by the police of the F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 71 subparagraph 1 of the Personal Information Protection Act and Article 17 (1) 2 of the Act on the Protection of Personal Information (Selection of Fines) concerning facts constituting an offense;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant and his defense counsel found a public official in charge of public duties related to the Gangnam-gu Seoul Metropolitan Government H redevelopment project, and found a F that could help the defendant perform their duties, such as prompt restraint on the illegal acts in H and the improvement of the H residential environment, and committed an inevitable act in the facts charged, and that it constitutes an inevitable act or a justifiable act for the defendant's performance of duties.

2. However, the following facts and circumstances acknowledged by the evidence of this case are the same as the facts charged by the defendant.

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