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(영문) 서울중앙지방법원 2017.03.31 2017고합99
개인정보보호법위반등
Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for each year.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as a management warden of Gwanak-gu in Seoul Special Metropolitan City from April 7, 2014 to June 18, 2015.

1. An operator of image data processing equipment in violation of the Personal Information Protection Act shall not arbitrarily handle image data processing equipment for any purpose other than the intended purpose of installation, shoot such equipment at a different place, or use a recording function;

Nevertheless, the defendant used the recording function of the visual data processing device three times as follows.

A. On February 23, 2015 and around February 26, 2015, the Defendant recorded conversations D, E, F, etc. in the said management office using the CCTV recording function installed in the said management office.

B. On April 23, 2015, the Defendant recorded the process of a meeting of the Dong representatives, using the CCTV recording function, which is a visual data processing device installed in the resident representative conference room in the above C Apartment Management Office.

2. No person who violates the Protection of Communications Secrets shall record or listen to conversations between others that are not open to the public, except as provided by Acts.

Nevertheless, the Defendant recorded the conversation between others, which was not disclosed as described in the above 1. A., as described in the above paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the replacement part of the suspect);

1. Statement made by the prosecution with respect to D (including the substitute part);

1. A report on investigation (No. 54 No. 54 of the evidence list);

1. Application of Acts and subordinate statutes to a notification (No. 18 No. 5) of the result of reporting by the Personal Information Protection Center;

1. Article 72 subparagraph 1 of the Personal Information Protection Act, Article 25 (5) of the said Act (the occupation of using the function of recording visual data processing devices) on criminal facts, Articles 16 (1) 1 and 3 (1) of the said Act (the occupation of recording conversations between others) of the said Act;

1. Articles 40 and 50 of the Criminal Act ( February 23, 2015)

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