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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the head of the department of the FF University E in Seoul, Jung-gu E University, and G is the head of the same department as G.

A personal information manager shall not use personal information or provide it to a third party beyond the scope of the purpose of collection.

Nevertheless, around March 6, 2013, the Defendant, as a personal information manager, submitted a complaint against G to the Seoul Western Police Station located in Jung-gu Seoul Central District, Jung-gu, Seoul, 249-2 about defamation. On February 27, 2013, the Defendant used G personal information beyond the scope of the purpose of collection by entering the name, address, and cell phone number of G personal information provided by H in the above complaint.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning G;

1. A complaint filed by G;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes to a copy of a complaint filed by a defendant;

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 18 (1) of the same Act concerning facts constituting an offense;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that it does not meet the requirements for establishment;

A. The Defendant’s act constitutes “where it is necessary to achieve legitimate interests of the personal information controller, and it obviously takes precedence over the right of the subject of information” under Article 15(1)6 of the Personal Information Protection Act, and thus does not constitute constituent elements.

B. Article 15(1) of the Personal Information Protection Act provides that "Personal Information manager may collect and use personal information in certain cases within the scope of the purpose of collection," and it is clearly necessary to achieve the legitimate interest of the manager of the personal information as one of the cases where it can be collected and used.