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(영문) 서울서부지방법원 2017.06.01 2017고정81
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall knowingly receive any divulged personal information for profit or for any other wrongful purpose.

Nevertheless, the Defendant: (a) deposited KRW 1,540,00 as the purchase price of personal information in the name of Company D (Account Number: E) bank account in the name of the Defendant from April 24, 2015 to October 2015; and (b) deposited KRW 1,540,000 in the sum of KRW 1,540,00 as the purchase price of personal information in the name of Company D (Account Number) bank account in the name of the Defendant who sells the connection account in the name of the Defendant from April 24, 2015 to October 2, 2015; and (c) deposited KRW 1,540,00 in the name of Company D (Account Number) in the name of the Defendant who sells the connection account in the name of the Defendant from October 24, 2015 to the personal information purchase account in the name of the Defendant; and (d) received approximately 1,50,000 members’ access account by using the Kaka Stockholm and NA.

As a result, the Defendant knew of the divulged personal information, received personal information for profit or for an unlawful purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, F, or G;

1. Application of the Acts and subordinate statutes to the sending of financial data;

1. Article 71 Subparag. 6 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 14080, Mar. 22, 2016) applicable to criminal facts and Articles 71 Subparag. 6 and 28-2 Subparag. 2 (excluding punishment) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc.

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is to recognize and reflect the instant crime, and the Defendant received juvenile protective disposition once prior to the instant case due to a violation of the Punishment of Violences, etc. Act (at night).

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