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(영문) 대구지방법원 2020.11.05 2020고정215
개인정보보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who serves as the Cdong representative of the B Apartment in Busan Metropolitan City.

No person shall be provided with the personal information without obtaining the consent of the subject of information.

Nevertheless, on August 13, 2019, the Defendant was provided with part of the video image of the 23th council of occupants' representatives that was implemented on August 6, 2019 by the Si-si B apartment management office around 11:00 a.m. by the witness H, who is the head of the apartment management office, without obtaining the consent of each provision of the victim D, case E, E, F, and G.

Accordingly, the Defendant received personal information without consent of the subject of information.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police interrogation protocol D to each defendant of the testimony of the witness H and D and the police protocol protocol of each police officer against H

1. Article 71 subparagraph 1 of the Personal Information Protection Act applicable to the facts constituting an offense and Article 71 subparagraph 2 and Article 17 (1) 1 of the Act on the Protection of Personal Information that is the choice of punishment;

1. Penalty of a fine not exceeding 200,000 won suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the management director who provided part of the video of the council of occupants' representatives without the consent of the intelligence subject) (the head of the management office who provided part of the video of the council of occupants' representatives without the consent of the intelligence subject is not charged

1. In the absence of knowledge about the subject’s consent, it was contained in the USB with the permission of the head of the management office, which is a personal information manager, and there was no intention to violate the Personal Information Protection Act.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the defendant, as the B apartment C Dong representative of the instant apartment complex (hereinafter “instant apartment”), attended the council of occupants’ representatives held on August 6, 2019. At the time, the above meeting is held to verify the face of dispute with the chairman of the council of occupants’ representatives.

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