The defendant shall be innocent.

1. The Defendant is an accommodation business entity.

An operator of image data processing equipment shall not arbitrarily handle the image data processing equipment for any purpose other than the purpose of installation, shoot other locations, or use a recording function.

Nevertheless, at around November 22, 201 and around December 15, 2011 of the same year, the Defendant installed 16 CCTVs, which are visual data processing devices, on two occasions, from the ‘D' operated by the Defendant in Daejeon-gu, Daejeon-gu, in light of the crime prevention, fire prevention, and facility safety management, which are the initial purpose of installation, and the crime prevention, fire prevention, and facility safety management, etc. among these, the Defendant operated four of the above CCTVs in light of the direction of four of the above CCTVs and the residential building direction of the victim, as well as the above 16 of the said CCTVs, for the purpose of monitoring the victim's movement in order to secure evidence favorable to civil disputes in the future.

Accordingly, the Defendant, as an operator of visual data processing devices, used visual data processing devices for any purpose other than the purpose of installation of visual data processing devices.

2. Determination

A. Article 25(5) of the Personal Information Protection Act provides that “The operator of a visual data processing device shall not arbitrarily handle visual data processing devices for any purpose other than the intended purpose of installation, set such devices into different locations, and use recording functions.”

Therefore, in the interpretation of the above provision, it is reasonable to view that the Defendant may arbitrarily operate the visual data processing device for any purpose other than intentionally “the installation purpose” or “other place” (the CCTV in this case does not have the function of recording).

B. In the instant case, according to the record, the purpose of installation of CCTV in this case is “crime prevention, fire prevention, and facility safety management.”