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(영문) 서울남부지방법원 2019.06.04 2017노2195
개인정보보호법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor to the facts that the defendant was found to have inquired and provided the personal information of B and C at F’s request. As such, the court below erred by misunderstanding of facts or misunderstanding of legal principles as to this part of the facts charged. 2) It is reasonable for the court below to have granted authority on the premise that the defendant was in need of official duties within a comprehensive meaning at the time when he was granted the authority to access the original resident registration computer system and to allow access to the computerized data. In this case, the defendant's inquiry about computerized data for the purpose of providing the F was used and used for the purpose other than the original purpose, and thus, the court below acquitted the defendant as to this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the charges of violation of the Act on the Protection of Personal Information relating to B and C is a personal information manager of Grade VII in charge of duties related to the family relation register at the civil petition, passport and family relation registration team of the Seoul E-gu Seoul E-gu Office Safety Administration from around 2008 to Grade D.

At the office of the above civil petition passport and family relation registration team, the Defendant received a request from F to inform him of personal information, such as the address of the person subject to the lawsuit to recruit the Plaintiff in the instant G-related case, and (i) around October 19, 201, the Defendant illegally perused the resident registration data of B by accessing the resident registration data for each household to the resident registration data system of B, and (ii) provided F with personal information, such as the resident registration address, etc. of the above B, which was acquired by accessing the resident registration data for each household.

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