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(영문) 대전지방법원 2017.08.25 2017고단2175
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one may collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object, but the accused has been dead by himself.

C In order to identify the facts, it was doubtful that the male who resides in the same apartment as C had dead, and the location tracking device purchased on the Internet was attached to the vehicle to collect his location information in order to identify the facts.

1. On April 22, 2017, the Defendant: (a) installed a location tracking device at the lower part of the lower part of the body part of the FK9 car operated by C at the underground parking lot of the apartment in which the above C is located in E at Sejong-si on April 22, 2017; (b) the same year thereafter.

5. By December 24, 200, the location information of the said K9 car was transmitted to its cell phone and collected the location information without C’s consent.

2. The defendant has committed the same harm;

5. The same year from the time when it was attached by means of attaching location tracking devices at the lower end of the body part of the Genz car operated by D at the underground parking lots of apartment buildings in which the above D is located in Sejong-si, Sejong-si.

5. By the end of 24.2, the location information of the said benz car was received by transmission of the location information of the said benz car to its cell phone without obtaining D’s consent.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of amnesty against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense (the selection of each fine, each of which is the first offender, and the defendant shows a color that he/she repents his/her mistake in depth, as well as circumstances in which the victims and the victims have agreed to do so);

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

1. Confiscation of the Criminal Act;

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