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(영문) 춘천지방법원 원주지원 2012.12.05 2012고정588
개인정보보호법위반
Text

1. The sentence of sentence against Defendant A shall be suspended.

2. Defendant B is punished by a fine of two million won.

Reasons

Punishment of the crime

Defendant

B is a Grade 6 public official of the C audience Correction Promotion Office, and Defendant A is a personal information manager as a Grade 7 public official of the Ddong Office.

1. On March 2012, Defendant A received basic old age pension from B at the office of the first police officer on March 2012, the Defendant heard the above E resident registration number prior to the request to verify whether E’s parents receive basic old age pension, and whether E’s resident registration is registered with E’s parents.

The Defendant entered the name and resident registration number of E in the new administrative system and social welfare integration network without obtaining consent from E who is an owner of information, and confirmed that E’s parents are recipients of basic old age pension, and that E’s resident registration is not registered with E’s parents, and then notified B of this.

As a result, the defendant informed the third party B of personal information without obtaining consent from E who is the subject of information and his parents.

2. Defendant B, as described in paragraph (1), was provided with personal information provided by E, a subject of information, without obtaining consent from E and his/her parents.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Act and subordinate statutes on the interrogation protocol of Defendant B to the prosecution

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment and the defendants: Article 71 subparagraph 1 of the Personal Information Protection Act and Article 17 (1) of the same Act;

1. Defendants in custody in a workhouse and a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Suspension of sentence and Defendant A: Article 59(1) of the Criminal Act (in the case of Defendant A, KRW 1 million, KRW 50,000,000, KRW 1 million, KRW 50000,000 per day: In the case of Defendant A, there was room for misunderstanding that Defendant A sought personal information at the request of the owner of the information; Defendant A was informed of such personal information and did not gain any profit therefrom; and considering

1. An order of provisional payment;

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