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(영문) 의정부지방법원 고양지원 2015.12.22 2015고단2861
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated the “C” of a loan brokerage company from around 2012 to January 2013, and no one may knowingly receive personal information divulged for profit or for any other wrongful purpose.

1. On October 2012, the Defendant was provided with the purpose of using the USB for its own loan brokerage business, despite having knowledge of the fact that the Defendant was illegally collected by F, the fact that the Plaintiff was in a mutually influent restaurant near E located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan, and that approximately KRW 67,000 credit card holders’ personal information (name, resident registration number, mobile phone number, etc.) was illegally collected by F.

2. On November 2012, 2012, the Defendant was provided to F for the purpose of its loan brokerage business, despite having knowledge of the fact that F was illegally collected personal information of approximately 120,00 credit card holders’ customers (name, resident registration number, mobile phone number, etc.) at a cafeteria near the Ethnive restaurant, and even though F was aware of the fact that F was illegally collected.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on the accused and F;

1. Application of statutes governing judgment;

1. The choice of imprisonment with prison labor under Article 71 subparagraph 6 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and Articles 71 and 28-2 (2) of the Act

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, who is engaged in loan brokerage business, received approximately KRW 187,00 personal information from F two times with knowledge that the personal information of credit card companies customers carried out of large volume for the purpose of profit-making, such as loan brokerage business, was illegally leaked.

The leakage and illegal collection of personal information managed and protected by financial institutions, etc. shall be done.

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