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(영문) 인천지방법원 2015.06.18 2014고정2610
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. The Defendant, as the representative of the Company B established for the purpose of mobile phone calls, export intermediation, software consulting/development/supply, etc., was running from August 29, 2009 to December 201, the business of attracting cell phone subscribers (on December 2010, from the Incheon Southern-gu D Building No. 714) to the date of the operation of the business of attracting the cell phone subscribers (on December 2010, the Defendant collected personal information 25,691 items, including the name, resident registration number, telephone number, address, applicant product name, and date of application, etc. of the Internet subscription customer, which are personal information stored in a separate customer management system that is not related to the computer network of the Communications Company, and is not related to the computer network of the Communications Company.

However, the personal information collected by the defendant is required to be stored and managed by the user in the period of communication, and there is no authority to collect it from the defendant.

Nevertheless, the defendant did not notify or obtain consent to the subject of personal information of the purpose of collecting and using personal information, items of collected personal information, period of holding and using personal information.

Accordingly, the defendant collected personal information without the consent of the user.

2. Defendant B, at the time and place under the above paragraph (1), committed the above violation against Defendant A, who is the representative director of the Defendant regarding the business of the Defendant as stated in the above Paragraph (1).

Summary of Evidence

1. Some police interrogation protocol of Defendant A (including attached documents);

1. Report on internal investigation (Attachment to records, such as report on internal investigation related to E (E) and attachment to personal information files;

1. Reports on internal investigation (E site verification);

1. A report on internal investigation (it refers to the entrustment of handling of personal information of mobile communications companies to customers);

1. A report on internal investigation (the criteria for selecting companies subject to investigation of personal information and the control of the list of companies);

1. The records of seizure and the list of seizure;

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