Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person who has managed or processed personal information shall use such personal information beyond the scope of the purpose of collection, except where the consent of the subject of information is obtained or it is inevitable to comply with statutory obligations, etc.

The Defendant operated a substitute driver with the trade name “B” from April 2005 to December 2012, and stored the mobile phone numbers of customers using the substitute driver’s license in the USB separately from the mobile-type storage device (USB), and kept them even after the closure of business.

피고인은 2014. 2.경 주식회사 C의 영업사원으로 근무하던 중, ‘D’ 업체의 대표인 E으로부터 광고용 문자메시지(‘농장직영 전국무료배송’, ‘빠른 꽃배달 서비스, 축하ㆍ근조 화환전문’, ‘D ☏ F’)의 발송을 의뢰받으면서 피고인이 직접 홍보한 고객 중에서 화환 등의 주문이 실제 들어올 경우 1건당 1만 원을 받기로 약정하였다.

Pursuant to the above agreement, the Defendant sent a total of 1,342,222 text messages for advertisement from February 7, 2014 to April 23, 2014 using the said C’s text messages to the mobile phone numbers (116,517 items) of customers’ personal information stored as above using the said C’s text messages.

Accordingly, the defendant used personal information beyond the scope of collection purpose without the consent of the subject of information.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G and E;

1. Each report on internal affairs (referring to the investigation, etc. of business trip, the analysis of materials submitted to H), each investigation report (related to the submission of the details of brochures reported to a suspect A, the analysis of books and materials submitted to A, the analysis of accounts submitted to A, the details of A accounts, etc.);

1. Application of police seizure records and list statutes;

1. Article 71 subparagraph 2 of Article 71 of the Personal Information Protection Act and Article 18 (1) of the same Act concerning facts constituting an offense and Article 71 of the same Act concerning the selection of punishment (generally

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