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(영문) 서울중앙지방법원 2015.10.08 2014고정5003
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one shall knowingly receive any divulged personal information of a user of information and communications services for profit or for any other wrongful purpose.

1. On January 3, 2014, the Defendant purchased a total of 79 persons including F(G) name, resident registration number, and NAV’s name from the sale of personal information with no knowledge of the name, and transmitted NAN’s file using NAN’s account to NAN website an advertisement of “E” on a precious metal sales store operated by the Defendant and his father D.

2. On February 19, 2014, the Defendant purchased a total of 51 files including H(I), resident registration number, NAV ID and par value, etc. using the same method as indicated in paragraph (1) of the same Article, and received a transmission using the NAN Metephs.

Ultimately, the Defendant, as seen above, received 130 users’ personal information divulged via a total of 2 times as indicated in Nos. 1 through 130 of the annexed crime sight table, by being aware of the fact that the personal information was leaked, for profit or unjust purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure by prosecution;

1. A copy of an application for opening an account under the name of Korea Bank and a copy of the details of transactions;

1. Requests for cooperation in investigation and reply;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of transmission of NAT messages used by an unsuspected suspect), investigation report (the confirmation of the existence of a personal information recipient), and investigation report (the existence of a person who

1. Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 and 28-2 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The portion not guilty of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.

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