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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant and B are in line with each other, and B is between the victim C (48 tax, female) and the wife.
No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.
Nevertheless, around 18:30 on December 31, 2017, B brought the key of the victim to the EM3 vehicle on the street in front of the SM3, opened a bit, installed a location information collection device (GPS) on the left wall of the bit line, used the location information to verify the location information and to collect and use the location information without consent of the victim. As above, the Defendant searched the location tracking device from the Internet and sent it to B in order for B to collect and use the location information of the victim. At around 15:00 on December 27, 2018, the Defendant visited B with the “G” located in the Dobong-gu Seoul Metropolitan Government F, to purchase the location tracking MT-300 on the location tracking line, and installed and confirmed the location information of the victim by using the bit number after registering the Hand number on the phone number to which the location information was received.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Statement made by the police against C;
1. Records of seizure, lists of seizure and photographs related to seized articles;
1. Application of Acts and subordinate statutes to report internal investigation (request, etc. for inspection of location tracking devices);
1. Relevant Article of the Act on the Protection, Use, etc. of Location Information regarding criminal facts, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of elective Location Information, and Article 32 (1) of the Criminal Act;
1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;