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(영문) 서울동부지방법원 2021.03.19 2020고단3692
개인정보보호법위반등
Text

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

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

The defendant is the representative of the telecommunications equipment retail company, which is located in Guro-gu Seoul Building and in the 7th floor, and is a person who was naturalizationed from Chinese nationality on May 27, 2015.

1. No person who violates the Personal Information Protection Act shall acquire personal information managed by another person by fraud or other improper means or methods, and provide such information to a third party for profit or unjust purposes;

Nevertheless, the defendant, along with D(one name: E), acquired a photograph file from a person who sells a foreigner's passport via the Internet, etc., and conspired to pay profits to a third party by sending it back to the third party.

On June 15, 2020, the Defendant purchased a foreign passport photograph file containing personal information, such as the name, date of birth, nationality, photograph, etc. of the victim F (F, G, China's nationality) from a sales business entity of non-personal information introduced from the said D at an influent location of the Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “Selimdong”) at KRW 10,000 per opening, from the Defendant, at KRW 25,000 per unit by transmitting a photograph file to H, who was introduced from D through a telegram display, on the same day, after receiving KRW 25,00 per unit cash from that time.

8. Until June 8, 200, a total of 402 passport photo files in the name of foreigners were sold to the said H via 423 times, such as the list of offenses in the attached list of crimes.

Accordingly, the defendant, in collusion with D, acquired another person's personal information by improper means or method, and provided it to third parties for profit.

2. Any person who violates the telecommunications business shall open a mobile communications terminal device which concludes a contract for the provision of telecommunications services in the name of another person on the condition of providing or lending funds, and use, or provide, telecommunications services to the mobile communications terminal device.

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