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(영문) 대전지방법원 2016.08.26 2016고단1419
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the Daejeon Regional Head Office of Company B, the purpose of which is to solicit insurance contracts, and is a personal information manager who has the authority to manage the personal information of an insurance designer who concluded an entrustment contract with the above

On September 2014, an insurance designer C who entered into an insurance solicitation entrustment contract with the foregoing company agreed to provide his/her information within the scope of “registration and cancellation of a designer, the maintenance of insurance solicitation order, or the provision of data to public institutions as policy data.” Even if personal information manager collects personal information with the consent of the subject of information, it shall not exceed the scope of the purpose of collection.

Nevertheless, on January 28, 2015, the Defendant posted C’s name, affiliation, class, number, and monthly salary in January 2015 on the Internet “Nber Brog” operated by the Defendant to recruit insurance designers and insurance subscribers of the said company, and used C’s personal information beyond the scope of the purpose of collection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Entry of the closure data;

1. Application of Acts and subordinate statutes stated in a written request for provision of personal credit information or inquiry;

1. Article 71 subparagraph 2 of the Act on the Protection of Personal Information, Articles 18 (1) and 15 (1) of the Act on the Protection of Personal Information for the Crime, the selection of fines for the crime, and the selection of fines;

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

1. Consideration of the grounds for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be taken into account such as reflectivity, beginning offender, and victim’s severe punishment.

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