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(영문) 서울중앙지방법원 2018.05.16 2017고단6846
개인정보보호법위반
Text

Defendant

A and B Imprisonment for 10 months, and Defendant C shall be punished by a fine of 1,00,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

Defendant

A In the election of the 18th National Assembly members implemented around 2008, a person who was in charge of public relations activities through e-mail, etc. at H political party that was formed by F and G to advance the National Assembly. Defendant B was in charge of the duties of the head of the F election campaign office that was sent from the 19th presidential election implemented on May 9, 2017 to the 19th presidential election, and Defendant C was in charge of the duties of the head of the F election campaign office. Defendant C was in charge of election affairs at the said election campaign office.

1. No person who obtains personal information managed by another person by fraud or other improper means or methods, and provides such information to a third party for profit or unjust purposes;

In 2008, while the Defendant was in charge of public relations affairs at the above H political party at the time of election of National Assembly members, he purchased and kept at KRW 40 million, including e-mail addresses collected by a public relations company for the purpose of election campaign, three USB where only 40 million recommended personal information is stored.

On March 2017, the Defendant received request from Defendant B to present e-mail addresses for the purpose of using them for the above F candidate’s election campaign, and held the above information.

One of the USB with the e-mail address stored was put to Defendant B.

Accordingly, the defendant acquired personal information without consent from the subject of information, and provided it to the defendant B for the purpose of election campaign.

2. Defendant B

(a) No person who violates the Personal Information Protection Act shall be knowingly provided with personal information for profit or for an illegal purpose with knowledge of the fact that he/she acquired such personal information by fraud or other improper means;

around March 2017, at the above F candidate election office located in the second floor of the Gangnam-gu Seoul Special Metropolitan City I building, the Defendant only approximately 2,400 of the NAB e-mail account from the above A (the number of effective e-mail addresses is 18,092,294 of the indictment, 18,092,281.

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