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(영문) 서울북부지방법원 2019.08.22 2019고정832
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.

Nevertheless, around January 2019, the defendant asked C, who was the husband of a divorce lawsuit, to trace the victim's location information in order to check the appearance of the victim B, who was the husband of a divorce lawsuit, and to purchase the location tracking device.

Accordingly, C purchased “bows” with location information collection function at KRW 300,000 from the Defendant, and the Defendant attached the “bows” to the E-to-car operated by the victim who was parked at the front of the Seoul Southern-gu, Seoul, without the consent of the victim, around January 3, 2019.

C continued to establish a mobile phone display system on the same day, and thereafter, C received the personal location information of the victim from around that time to January 7, 2019 and notified the Defendant of the contents thereof.

Accordingly, the defendant collected personal location information of the victim in collusion with C without the consent of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning B;

1. Police seizure records and list of seizure (record No. 15, 16 pages of investigation records);

1. Reports on internal investigation (such as photographing photographs of vehicles suspected of attachingGPS), investigation reports ( Results of response to requests for provision of communications data);

1. Application of the Acts and subordinate statutes to output, such as details of subscription to the GPS location tracking devices, location information outputs in the GPS location tracking devices, and the location information outputs in the GPS location tracking devices;

1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding the facts constituting an offense and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of elective Location Information;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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