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(영문) 대전고등법원 (청주) 2017.08.17 2017노32
개인정보보호법위반등
Text

[Defendant AI]

1. The part of the lower judgment against Defendant AI is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one year.

Reasons

I. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be revealed.

1. Opening of a school foundation NN Foundation BH university;

A. In around 2002, “BG” separated from “IL” was established by Defendant Educational Foundation N (hereinafter “DefendantN Foundation”).

Defendant

Around March 2009, the Foundation changed the name of “BH University” (hereinafter “BH University”) into the name of “BH University” and “FJ University” (hereinafter “BH University”) and finally changed into the name of “BH University.”

A total of “BH” before and after the change of a school name (hereinafter referred to as “BH”).

I opened the school.

B. A school is an infrastructure stipulated in the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and must be established in accordance with an urban and Gun management plan. As such, DefendantN Foundation obtained approval of an implementation plan for a planned urban facility project (a modification) from the head of BN Do and Gun, obtained permission for construction of a school building, following the procedure for determining an urban and Gun management plan (amending).

(c)

Defendant

The NN Foundation started with the construction work for BH in full scale from around 2007 through the above procedure and continued the construction work for the new construction or the extension of the building within the school even after the opening of March 2009.

Defendant

The NN Foundation has made about 30 proposals to revise the management plan in total in the process of such construction, and applied for permission to change the construction plan.

2. The details of punishment related to this case among the construction works for BH of the Defendant NN Foundation BH;

A. DefendantN Foundation, through the lower court’s joint Defendant AM Co., Ltd. (hereinafter “AM”), which is substantially operated by “BG”, conducted construction works for BH units.

B. From November 5, 2007 to December 28, 2007, AM extended this Section without permission for construction at the construction site of BH (hereinafter “the extension in 2007”). Such extension in 207.

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