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(영문) 의정부지방법원 고양지원 2019.03.22 2018고정1076
신용정보의이용및보호에관한법률위반등
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

On May 17, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on May 17, 201, and the said judgment became final and conclusive on November 2 of the same year.

1. The Defendant in violation of the Use and Protection of Credit Information Act is a person who operates an unlawful interest in B’s trade name at an unsound place (a credit information company shall obtain permission from the Financial Services Commission for the purpose of engaging in credit information business, and the Defendant shall not obtain such permission);

No one, other than a credit information company permitted by the Financial Services Commission, shall engage in business activities to find out a certain person's whereabouts and contact details or investigate private life, other than commercial transaction relationships, including financial transactions

Nevertheless, at around 13:04 on June 28, 2017, the Defendant received a request from C to identify contact information of D’s mother, and received KRW 500,000 as a consideration, and around 13:00 on July 1, 2017, the Defendant attempted to find out the contact information of D’s mother by visiting E apartment at the time of the sports strike where the mother of D was living. However, even though the password was set at the entrance of the apartment, the Defendant did not enter the inside, and did not look at D’s mother, even though he did not look at D’s mother.

Accordingly, the defendant was engaged in the business of investigating privacy such as identifying contact information of a specific person.

2. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;

Nevertheless, at around 15:20 on July 5, 2017, the Defendant received KRW 2.50,000 from C, and used Kwikset service to use one prepaid phone (G) opened in F name at around 17:00 on the same day.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with respect to C and H.

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