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(영문) 부산지방법원 2015.01.28 2014고정5413
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall collect, use, or provide personal location information without obtaining the consent of the person concerned.

Nevertheless, on April 23, 2014, the Defendant collected location information by means of receiving the location information of the victim from the cell phone display system by attaching a device made by using a cell phone to the victim C owned by the victim C without the consent of the victim, at the Busan B apartment parking lot, which was parked therein, from April 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense, and Articles 40 subparagraph 4 and 15 (1) of the Act on the Protection, etc. of Location Information

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

1. Article 48 (1) 1 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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