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(영문) 수원지방법원 여주지원 2018.07.16 2018고정77
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is operating the B Company at the female city.

Before September 12, 2017 to September 15, 2017, the Defendant: (a) the name of the victim D (39 years of age) (D); (b) Handphone number (E); (c) Handphone number (F), company (F), age, etc. of the victim on the ground that he/she received a claim from the customer who was represented by the driver of the C Roster; and (d) posted on the B Roster by cutting down the car tag on which the name of the victim was indicated, such as “(D); (e) the victim’s Hand phone number (E); (g) the Defendant’s age, etc.

Accordingly, the defendant revealed the victim's personal information he came to know in the course of performing his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (Attachment of closure data);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 71 (1) 5 and Article 28-2 (1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 71 (1) 5 and 28-2 (1) of the same Act;

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 Aggravated Punishment of the Aggravated Punishment Order is not good for the crime of this case where the defendant disclosed the victim's personal information at will, and did not receive the letter from the injured party.

However, in light of the fact that the defendant led to the crime of this case and is against the nature of the defendant, that the defendant did not commit the crime of this case with a malicious purpose, such as profit-making, etc., and that the letter posted by the defendant seems to have been deleted due to long time, the punishment shall be determined as ordered.

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