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(영문) 전주지방법원 2015.02.06 2014고정766
개인정보보호법위반등
Text

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

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

Reasons

Punishment of the crime

A personal information manager shall not use personal information beyond the scope of the purpose of collection, provide it to a third person, and no one shall unlawfully use another person's resident registration number.

The defendant is the representative member of the limited partnership D, and is the personal information manager for the employees of the D company.

On February 21, 2014, the Defendant prepared a notarial deed on debt repayment with E, a creditor of the Defendant, at the Seoul Special Law Office of Law Firm Yong-gu, Chungcheongnam-gu, Seoul Special Self-Governing Province. Upon delegation from the above E, the Defendant used personal information, such as the third obligor and the victim F, who are workers of the said D Company, to make it available when specifying the third obligor, exceeding the scope of the purpose of collection.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Subparagraph 2 of Article 71 of the Personal Information Protection Act and Article 18 (1) of the same Act concerning facts constituting an offense (the occupation of using personal information in excess of the personal information) and subparagraph 10 of Article 37 of the Resident Registration Act (the occupation of illegally using resident registration numbers);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the each other violating the Personal Information Protection Act and each resident registration Act);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Personal Information Protection Act heavier than punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant does not use his resident registration number for the purpose of identification or identification of the person in question, or for the purpose of identification or identification of the person in question, and the defendant applies for attachment and assignment order on behalf of E.

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