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(영문) 광주지방법원 목포지원 2020.06.04 2019고단1644
개인정보보호법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is the chief of the headquarters of the Company B, while the Company B is an employee of the said Company C, who collects, stores, and holds personal information for the Company’s business purposes, such as the Victim C’s name, date of birth, telephone number, bank account number,

In such cases, the personal information manager shall only use the personal information collected with the consent of the victim who is the subject of information within the scope of the purpose of collection and shall not exceed the scope thereof.

Nevertheless, around April 12, 2019, the Defendant subscribed to a multi-level company E with the name, date of birth, telephone number, bank account number, etc. of the victim, which was the personal information of the victim, at the E office of the Co., Ltd., Ltd., which was located in the fourth level D, a multi-level company without the consent of the victim.

As a result, the Defendant used personal information beyond the scope of the purpose of collecting personal information.

2. The Defendant signed the “F” indicating C on the digital signature column indicated in B, even though he did not obtain consent or consent from C when he/she was admitted to a stock company E via the Internet in the date, time, place, and place specified in paragraph (1), and sent the said signature to E employees of the company with no name.

Accordingly, for the purpose of exercising authority, the Defendant forged a false signature under C's name without authority, and exercised a forged private signature.

Summary of Evidence

1. Defendant's legal statement;

1. The petition of C and the police statement of C;

1. Application of Acts and subordinate statutes to E member registration certificates, etc. and copies of electronic mail;

1. Relevant statutory provisions of Article 74(2), Article 71 subparag. 2, Article 18(1) of the Personal Information Protection Act (the use of personal information exceeding the purpose of collection), Article 239(1) of the Criminal Act (the use of private signature) and Article 239(2) and (1) of the Criminal Act concerning criminal facts

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