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(영문) 광주지방법원 2014.11.13 2014고단2889
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Nevertheless, from September 13, 2013 to January 9, 2014, the Defendant was provided with personal information for profit by the supplier of personal information, such as purchasing a total of 24 sites, approximately 1,166,487 personal information, including 76,75 personal information, from the user of the Nitrate Account E, to the Nitrate Account G, and remitting a total of KRW 6,50,000,000 from September 13, 2013 to from January 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to cancer protocol, seizure list, investigation report (Evidence List No. 20);

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Article 28-2 (2) of the same Act concerning facts constituting a crime, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. In a situation where the need for the protection of personal information for the reason of sentencing under Article 48(1)1 of the Criminal Act is socially emphasized, the purchase of a large amount of personal information exceeding 1,00,000 items is necessary to be punished strictly.

In particular, the defendant is also recognized.

A significant portion of the personal information at issue is provided for the operation of overseas gambling sites, etc. and the possibility of being used for other crimes can not be ruled out.

Also, the defendant has the same criminal records.

However, the defendant does not seem to have used the above personal information, and the defendant's punishment against the defendant shall be determined as ordered by taking into account the fact that he/she is in depth and reflects his/her crime.

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