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(영문) 서울북부지방법원 2019.09.27 2019고정728
개인정보보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was in office as the head of the Dobong-gu Seoul Metropolitan Government B apartment management office from January 2, 2016 to May 9, 2018, and C was in office as the head of the above apartment management office from March 2017 to May 11, 2018.

An operator of a visual data processing device shall not arbitrarily handle the visual data processing device for any purpose other than the intended purpose of installation, make other locations concealed, or use a recording function.

Nevertheless, the Defendant, in collusion with C on August 2017, installed a recording device at the office of the above apartment management office, and used the recording function of the visual data processing device in a way of storage in conjunction with CCTV images from May 8, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect E by the prosecution (including the C and F statements);

1. Each police interrogation protocol of the accused, C, and E;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to the recording device photographs [the defendant asserts that the act recorded in the judgment of the defendant is a justifiable act for the collection of evidence. However, in light of the following: the defendant's installation of recording device without notifying the apartment residents, etc. entering the management office, and the defendant does not have the right to record without the consent of the apartment residents, etc. entering the management office; it is difficult to deem that there was any urgent situation to install the recording device; or there was no other means or method other than the act.]

1. Article 72 Subparag. 1 and Article 25(5) of the Personal Information Protection Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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