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(영문) 서울남부지방법원 2012.09.07 2012고단1619
개인정보보호법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

From around August 2009 to August 201, the Defendant is an employee of “D” as an agent in charge of attracting customers to join the Internet and mobile phone, and the name and telephone number of customers were arranged as X-gu program.

On February 2, 2012, the Defendant: (a) received a request from E to deliver the above customer’s name and telephone number information; and (b) received a request from E to provide information through the e-mail account known to E.

On February 15, 2012, the Defendant visited “G” by using a computer located therein, and sent an e-mail that contains the name and telephone number information of 3,366 persons H such as e-mail to E.g., an e-mail.

As a result, the Defendant, who managed personal information, provided E with personal information that he/she became aware of in the course of performing his/her duties without authority, and sent the personal information of 63,023 persons totaling 25 times from that time to April 30, 2012 by the same method as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol concerning suspect interrogation of E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Subparagraph 5 of Article 71 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the relevant Act on criminal facts;

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. The name and telephone number of the Defendant’s transmission to E by the determination of the Defendant’s assertion under Article 48(1)1 of the Confiscation Criminal Act is not the personal information under Article 2 subparag. 1 of the Personal Information Protection Act.

Article 2 Subparag. 1 of the Personal Information Protection Act (hereinafter referred to as "Personal Information Protection Act") provides that information about a living person, which can identify an individual through his/her name, resident registration number, image, etc., is not sufficient to identify a specific individual.

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