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(영문) 부산지방법원 2015.06.11 2015고정39
정보통신망이용촉진및정보보호등에관한법률위반(개인정보누설등)
Text

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

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

Reasons

Punishment of the crime

From October 19, 2012, the defendant operates a mobile phone sales store with the trade name D from Busan Jung-gu, Busan.

Where a provider of information and communications services intends to collect personal information of a user, it shall notify the user of all matters, including the purpose of collection and use of personal information, items of collected personal information, and the period for holding and use of personal information.

Nevertheless, the Defendant collected a total of 27,381 personal information from April 30, 2013 to May 19, 2014, as shown in the list of crimes in the separate sheet, in a way that he/she voluntarily stores the personal information (name, resident registration number, telephone number, and account number) of customers listed in the mobile phone subscription application for the purpose of customer management, business activities, etc. within the aforementioned “D” operated by him/her, without obtaining consent from the above customers, and voluntarily stores the X-cell file on his/her own computers, etc.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement of E;

1. Police seizure records;

1. A copy of the personal information protection pledge of a sales store;

1. Application of Acts and subordinate statutes to digital evidence analysis results;

1. Article 71 subparagraph 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Articles 71 and 22 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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