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(영문) 수원지방법원 2014.08.13 2014고단3105
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall knowingly receive personal information collected in the course of performing his/her duties for profit or for an illegal purpose.

On October 7, 2013, the Defendant posted a letter on the Internet “B” website to the effect that C sells personal information referred to in the title “customer poper for customer DB”, and had the intent to purchase the said personal information for the purpose of public relations activities for the sales of officetel and urban-type housing in which C was employed.

The Defendant agreed to pay C the price and receive personal information by making contact with C. At that time, the Defendant transferred KRW 150,000 from the National Bank Account (Serial number: D) in the name of the Defendant to the new bank account (E) in the name of the said C, and received 244,208 personal information containing the name, mobile phone number, etc., as shown in the attached list of crimes, via e-mail (F) in the above C’s name, as shown in the attached list of crimes.

As a result, the Defendant received personal information collected in the course of business for profit or for an illegal purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. Personal information files data;

1. Application of statutes on data received through e-mail;

1. Subparagraph 5 of Article 71 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the Act on the Protection of Personal Information concerning the facts constituting an offense (the selection of a fine shall be made by taking into account the following factors: (a) there is no special criminal record, other than a fine once; (b) the fact that there is no special criminal record

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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