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(영문) 대구지방법원 안동지원 2013.06.20 2013고단217
개인정보보호법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide such information to any third person without authority.

The Defendants knew the necessity of another person’s resident registration number in order to create a ID of the said site, and planned to sell a copy of the resident registration certificate, etc. of the customers kept in custody of Defendant A’s mobile phone agencies.

The Defendants conspired with the Defendants on March 2012, Defendant A copied 130 resident registration certificates, such as F, etc., which were under his/her permanent custody in the office “E,” which was under his/her official custody in the first time of permanent residence, using a reproduction machine in his/her place of residence, and Defendant B distributed 130 resident registration certificates, such as F, etc., from Defendant A to C and divided them into KRW 500,000,000 with Defendant A in return for the issuance of a copy of the above 130 resident registration certificates, such as F, etc., which was under his/her official custody.

As a result, the Defendants conspired to provide others with personal information that they became aware of in the course of their duties without authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding C;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to internal investigation reports (limited to attaching certified copies, such as resident registration certificates and driver's licenses);

1. Article 71 Subparag. 5 of the Personal Information Protection Act and Article 59 Subparag. 2 of the same Act concerning criminal facts and Article 30 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 48 (2) and (1) of the Criminal Act for collection of corresponding value;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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