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(영문) 부산지방법원 2018.02.07 2017고정2467
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No personal information manager shall use the personal information collected with the consent of the subject of information beyond the scope of the purpose of collection.

Nevertheless, the Defendant, as the president of the “C” incorporated association, is a personal information manager who collects, keeps, and manages personal information of the Association students. As such, the Defendant intended to send postal promotional materials for the job offering activities of the “EA” under Article 701 of the Do Office D Building D Building D. 701 operated by the Defendant using personal information of the students of the Association with respect to the job placement activities conducted by the said Association. On February 1, 2017, the Defendant sent promotional materials to students FF, G, H, I, and J using personal information such as the name and address of the students of the said Association.

Accordingly, the defendant used the personal information collected with the consent of the subject of information beyond the scope of the collection purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Police investigation report ( telephone conversations between the parties to the infringement of personal information submitted by the complainants);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 18 (1) of the same Act and Article 71 of the same Act concerning facts constituting an offense, and the selection of a fine;

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;

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