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(영문) 서울중앙지방법원 2017.12.20 2017고단7647
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A around May 2017, operating a single credit information company with the trade name “D”, which is an unauthorized credit information company, was a person who was engaged in business of operating a business by publicizing the subject through the Internet homepage, attaching a location tracking device on a vehicle upon request from an unspecified number of unspecified persons for investigation of location information, privacy, etc. and then notifying the applicant of the result. Defendant B jointly operated a mutual interest center with “E” from December 2015 to September 2016.

1. No person who violates the Use and Protection of Credit Information Act or the Act on the Protection, Use, etc. of Location Information shall engage in business activities to find out a certain person's location and contact information or investigate his/her privacy, other than commercial transactions, including financial transactions, and collect, use, or provide location information of the individual or mobile object without the consent of the individual or the mobile object;

A. On January 10, 2016, the Defendants received information, such as the type of G vehicle, vehicle number, workplace address, etc., from the client F to the effect that “a request from the client F to investigate anywhere his husband G is coming to the wind,” and collected location information without the consent of G by attaching a location tracking device on G vehicle around that time.

As a result, the Defendants conspired to collect location information of an individual or mobile object without the consent of the individual or owner.

B. Defendant A was requested by the client H from May 20, 2017 to the 22th day of the same month to the effect that “the husband I asks for an investigation into whether another woman I talks with the other woman” by means of the client H, and the Defendant received I’s photograph, vehicle type and number, house and workplace address, etc. from H, and tracking the location on I’s vehicle around that time.

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