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(영문) 서울북부지방법원 2017.03.10 2016고단5958
개인정보보호법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of ten months from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employee in Jongno-gu Seoul, Jongno-gu, from June 27, 2016 to September 30, 2016, who is in charge of managing information about the subscribers of the said communications company.

No person who processes personal information may divulge another person's personal information without due authority or beyond permitted authority.

Nevertheless, on July 19, 2016, the Defendant provided another person’s personal information in the same way 14 times from that time, as indicated in the list of offenses in the attached Form No. 2016, upon receiving a request from the foregoing agency for providing the insured’s address to D, using the communications agency’s inquiry system, and providing the same address to D using the communications agency’s inquiry system.

Accordingly, the defendant disclosed another person's personal information without legitimate authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Application of Acts and subordinate statutes 14 percent of the screen screen pictures sent to A with one screen run by cutting off a DNA mobile phone, one screen run by cutting off a tele gram, 52 copies of a telecom between D and A, and a telegram, and 14 percent of the screen pictures sent to D with a telegram;

1. Subparagraph 6 of Article 71 of the Personal Information Protection Act and subparagraph 3 of Article 59 of the Act on the Protection of Personal Information and Selection of Imprisonment with labor for an offense;

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. The reason for sentencing of Article 62(1) of the Act on the Suspension of Execution increases today, and the number of individuals who are deemed to have suffered damage due to the commercialization of personal information increases, and as a result, the subject of personal information becomes a victim of various crimes or is likely to become a victim of various crimes between himself/herself and his/her knowledge, it is necessary to have strict liability for the act of divulging personal information requested by the Defendant who handles personal information without permission, such as the crime in this case.

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