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(영문) 의정부지방법원 2016.06.03 2015고단2796
개인정보보호법위반등
Text

1. A fine of KRW 1,00,000 is imposed on a crime of violation of the Commissioned Election Act, such as a public organization, etc. holding Defendant A as Defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who was elected as the president of the Gyeonggi-do Agricultural Cooperatives (hereinafter referred to as the “GFFF”) at the one-time simultaneous election of the head of the association nationwide, which was implemented on March 11, 2015, and Defendant C is a person who aided an election campaign for A as a branch of the above A, and Defendant B is the wife of Defendant C.

A person who has received personal information from a personal information manager shall not use such personal information for any purpose other than the one for which the personal information was provided or provide such information to a third party, and he/she shall not be knowingly provided with such personal information for an unlawful purpose, even though he/she is aware of such fact.

In addition, the election campaign should not be carried out before the election campaign period, and the election campaign by transmitting text messages can be carried out from February 26, 2015.

Nevertheless, on November 6, 2014, Defendant A received and held a list of members containing personal information, such as the name, resident registration number, cell phone number, etc. from GFF from GFF on the first time for the purpose other than the purpose of receiving the said personal information without the consent of the members who are data subjects for Defendant A, and Defendant C received the said personal information from Defendant A on the first time for an election campaign related to the simultaneous election of head of the association nationwide, which is for the purpose other than the purpose of receiving the said personal information, and Defendant C received the said personal information from Defendant C on the road in front of I located in Gyeonggicheon-gun Group H around February 20, 2015.

After that, the Defendants organized the names of members and cell phone numbers into X-cell files using the above personal information, and opened them to the “J”, which is the site of mass sending text messages. On February 25, 2015, at around 18:53 around 10:53, the Defendant C and B’s residence, at around 108 Dong 401, the number of members of G agricultural cooperatives 1,264, via the above J, was set up with the mobile phone numbers of 1,264.

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