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(영문) 제주지방법원 2018.12.07 2017고단3401
권리행사방해등
Text

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

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

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

On August 28, 2015, the Defendant, who is engaged in the automobile rental business as the representative director of C Co., Ltd., lent to D the E-Aridi A6 passenger car owned by C Co., Ltd. (hereinafter “Aridi passenger car”) on condition that he/she will receive rent of KRW 2 million per month. D around March 17, 2016, received KRW 16 million, including deposit 15 million from the victim B, and sublet Ari passenger car by September 16, 2016, and the victim operated it.

Without the consent of the victim, the Defendant collected location information of a car of AWD around June 17, 2016 and around August 14:30, 2016 using a location tracking device installed in a car of AWD without any consent of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement about witness B and D;

1. A long-term siren contract;

1. Original Register of Automobile Registration;

1. Application of statutes on business registration certificates;

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 of the Act on the Protection, etc. of Alternative Location Information (a comprehensive determination of fines), and Article 15 subparagraph 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Since Article 32(1) and (2), and Article 25(1) (not subject to a compensation order) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, the Defendant and the defense counsel of the non-guilty part of the crime have already become final and conclusive in a judgment concerning the facts constituting a single crime, which is a single crime, with the charge charged with the non-guilty part (Seoul Central District Court Decision 2017Da already 901 decided June 16, 2017, which interferes with the exercise of rights, and June 24, 2017).

The argument is asserted.

However, in light of the facts charged as to the acquittal portion of the instant case and the attitude and date of each act of the final judgment, there is a single comprehensive crime relation.

shall be deemed to be.

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