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(영문) 서울서부지방법원 2016.01.19 2015고정1831
개인정보보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in Acts and subordinate statutes, no one shall be provided with the personal information of a subject of information from a person who manages the personal information without the consent of the subject of information, and no one shall provide a third party with the personal information provided from the

On October 13, 2014, at C Hospital located in Yongsan-gu Seoul Metropolitan Government, the Defendant received D’s medical records from the above hospital, and intended to submit them as evidence to reflect the claims of D in the damages lawsuit against D against the Defendant. The Defendant requested the employees in charge of receiving the above hospital to see D’s name, resident registration number, and address, and to “a request for D’s medical records” to “a request for D’s medical records,” and submitted D’s medical records to the Seoul Western District Court around that time.

Accordingly, the Defendant provided personal information to a third party without the consent of the subject of information while being aware of the situation without the consent of the subject of information.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to hear statements from witnesses E);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of suspect data);

1. Article 71 subparagraph 1 of the relevant Act and Article 71 and Article 17 (1) 1 (a) of the Personal Information Protection Act (a point where personal information is provided without consent) concerning criminal facts, Article 71 subparagraph 2 of the Personal Information Protection Act, and Article 19 (a point where personal information is provided to a third party without consent) of the Personal Information Protection Act, and the selection of a fine, respectively;

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant has no record of criminal punishment other than a fine, the fact that the defendant has agreed with D, the confession and reflect on the crime, and other reasons.

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