A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

C In operating a “D”-free credit information company without permission, a person who creates a website and publicizes on the Internet, and upon receiving a request from a large number of unspecified clients, etc. for a location tracking device on the vehicle to investigate privacy by attaching a tracking device on the vehicle. The Defendant is the person who requested C to investigate the privacy of a specific person.

On April 27, 2016, the Defendant requested the above C to the effect that “the request is to examine whether or not his spouse E is external appearance,” and transferred the amount of 2.5 million won to a new bank account in the name of C, and had the said C investigate the private life of E from that time to May 8, 2016.

As a result, the Defendant had C know the location and contact information of a certain person or abetted C to engage in business of identifying private life other than commercial transaction relations such as financial transaction.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Act on the Use and Protection of Credit Information concerning the crime, Article 50 (3) 3 and Article 40 subparagraph 4 of the Act on the elective Use and Protection of Credit Information, Article 31 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant obtained prior consent from husband E, and therefore, this crime is not established.

2. Determination

A. The legislative intent of the Credit Information Use and Protection Act (hereinafter “Credit Information Act”) is to establish a sound credit order by protecting privacy from the misuse or abuse of credit information, and Article 40 Subparag. 4 of the Credit Information Act (hereinafter “instant provision”) is to identify the location, contact information, etc. of a specific person, not a credit information company, etc.