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(영문) 대전지방법원 2013.10.18 2013고정774
개인정보보호법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On March 11, 2012, the Defendants conspired to be provided with CCTV image data in the Dongnam-gu, Seoul-gu, Seoul-gu, by the “G” reception room of “G”, a F lodging room, with a view to securing a female-friendly device going into a telephone with a view to gathering a video image that H, a charged employee, was searched and searched, and entered at the same time with one female head of H on March 6, 2012 and 504 as one of the data subjects, at around 00:0 on the following day, the said female, at around 50:00, knew of the personal information of H, a personal information manager, without the consent of the owner of the information, by taking the CCTV image data stored in Defendant B’s cell Handphone, and storing it with a cell phone image.

2. Defendant B, around March 16, 2012, displayed the screen image taken as referred to in paragraph 1 while eating with B, K, and L, which was a charged engineer at a restaurant near the Yongsan-dong Daejeon Bus Terminal, Daejeon-dong, Daejeon, by openly pointing out facts, thereby impairing the victim H’s reputation by openly pointing out the fact.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the relevant Acts and subordinate statutes on witness H, L and J’s respective statutory statements;

1. Defendants of relevant legal provisions on criminal facts: Article 71 subparag. 1 of the Personal Information Protection Act, Article 30 of the Criminal Act (the provision of personal information and the selection of fines without consent of the main body of information), Defendant B: Article 307(1) of the Criminal Act (honorary point and selection of fines)

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants’ assertion is merely a CCTV installed for the purpose of security, not a CCTV installed for the purpose of collecting personal information.

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