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(영문) 인천지방법원 2020.05.21 2019고단8800
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)등
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendant is a member of a specific communications business operator A, who is a member of the above C, and carries out the prepaid transit business upon the entrustment of the said C.

No person may intermediate another person's communications or provide it for another person's communications by using telecommunications services provided by a telecommunications business operator, and no provider of information and communications services may use collected personal information for any purpose other than the purpose consented to such personal information or provide it to

Nevertheless, on November 2018, the Defendant received a proposal from B to “the request for the pre-paid chips, which are opened to the necessity to use the Internet site’s identification procedure,” and then delivered two pre-paid chips (F, G) opened to the user’s name to B, and notified the above E’s name, date of birth, and telephone number, which are information necessary for the Internet site’s identification, to B.

Accordingly, the Defendant provided telecommunications services provided by telecommunications business operators to a third party for the purpose other than the purpose of obtaining consent from the user's personal information collected at the same time.

2. Defendant B

A. The Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (personal information leakage, etc.) was provided with the purpose of unlawfully using the Internet identification procedure with knowledge of the fact that he/she provided the name, date of birth, and telephone number collected from his/her customer as a provider of information and communications services without the customer’s consent.

B. The Defendant, at the office of the Defendant located in the H building at the time of strike, shall be installed in the mobile phone in which two of the prepaid chips from B were prepared in advance, and shall be certified in the above E’s name by using the phone number assigned to the aforesaid heart chips.

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