Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant shall be a public official who serves as the director of the economic and accounting division C permission.

On October 5, 2016, the Defendant received and perused the official text of “request for investigation cooperation” sent from the criminal investigation department of the National Police Agency and the metropolitan investigation department.

The above official text is a document containing personal information, such as D, E, F's name, resident registration number, etc., which is sent to 13 countries electronic systems in relation to the case under investigation by the Korean National Police Agency and the metropolitan investigation unit (No. 2016-1252).

No person who has managed or processed personal information shall divulge personal information he/she has become aware of in the course of performing his/her duties or provide it to another person without authority.

Nevertheless, at around 14:57 on October 13, 2016, the Defendant taken a photograph of the above official door using his mobile phone (G) and transmitted it to H’s mobile phone (I).

Accordingly, the defendant disclosed personal information that he came to know in the course of his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes to criminal investigation reports (receiving files to H);

1. Article 71 subparagraph 5 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the Act on the Protection of Personal Information, which stipulates the relevant Act on the facts constituting an offense and the choice of punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant is not a person who manages or was managing personal information.

B. A personal information manager shall impose restrictions on a recipient of personal information on the purpose and method of use, and other necessary matters, or make a request by disclosing necessary measures to ensure the safety of personal information within the official document within the official document, but the criminal investigation team and the regional investigation group shall not take such measures and request the cooperation of investigation (hereinafter referred to as “request for cooperation of investigation”).