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(영문) 인천지방법원 2019.05.02 2019고정570
개인정보보호법위반
Text

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

[criminal power] On August 30, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud at the Incheon District Court on September 7, 2018, and the judgment became final and conclusive on September 7, 2018.

【Criminal Facts】

No person who receives personal information from a personal information manager shall use the personal information for any purpose other than the original purpose of provision, or provide it to a third party, except for cases where the personal information is separately consented from the subject of information.

Nevertheless, around February 12, 2015, the Defendant issued one copy of a victim’s resident registration based on the Incheon District Court’s order to correct the address of the victim C, the other party to the damage compensation case, at the Dong Office of Michuhol-gu Incheon, Incheon District Court 2014Kadan85291, and then allowed D to use the above certified resident registration copy at his own discretion on October 2016.

Accordingly, the Defendant provided a third party with personal information received from a personal information manager without obtaining a separate consent from the subject of information.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A complaint, a copy of an application for inspection of a resident registration record card or issuance of a certified copy or abstract, a copy of Incheon District Court Order;

1. Previous convictions in judgment: Application of Acts and subordinate statutes for investigation report (suspect A ex post concurrent crimes);

1. Article 71 of the relevant Act and Articles 71 and 19 of the Personal Information Protection Act, the choice of fines for criminal facts, and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the instant crime.

The punishment to be sentenced in the same kind of case shall be imposed in full view of equity and the age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing as shown in the records and pleadings of the case, including the circumstances after the crime.

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