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(영문) 대구지방법원 서부지원 2017.11.22 2017고정94
개인정보보호법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the operator of visual data processing equipment installed in the above apartment as the head of the Daegu-gu apartment management office, and the operator of visual data processing equipment shall not use the recording function for any purpose other than the purpose of installation.

On April 18, 2016, around 19:30, and around 20:10 on April 20, the Defendant recorded the Defendant’s remarks using CCTV in which the chairperson of the occupants’ conference and the residents, including E, who belong to the emergency countermeasures committee against controlled entities to which the Defendant belongs, held a meeting. The Defendant recorded the Defendant’s remarks by using CCTV in which the recording function installed in the ceiling is operated.

(A) The CCTV for recording and video recording of the contents of meetings held by the resident representatives is separately prepared in the above apartment building.

Accordingly, the Defendant used recording function for a purpose other than the purpose of installing visual data processing devices.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to field photographs, investigation documents, requests for copying of investigation documents, copies of investigation reports (such as the filing of documents), copies of investigation reports (records submitted in the case of a separate complaint by A), copies of investigation reports (such as on-site verification), copies of investigation reports (on-site verification, etc.), copies of public announcement of holding meetings of occupants for April, investigation reports (on-site verification, etc.), field photographs, and photographs;

1. Subparagraph 1 of Article 72 of the Personal Information Protection Act and Article 25 (5) of the same Act concerning facts constituting an offense, and the selection of a fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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