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(영문) 부산지방법원 동부지원 2017.08.09 2017고정531
개인정보보호법위반
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who actually operates C's agency in Busan Shipping Daegu B, and the petitioner D (M, 45) has purchased automobile insurance through the defendant.

Where a personal information manager collects personal information with the consent of the data subject, he/she may use it only within the scope of the purpose of collection and shall not use the personal information beyond the scope of consent.

Nevertheless, on March 4, 2016, the Defendant, while selling automobile insurance products, has collected and kept personal information such as the name, resident registration number, etc. of the petitioner D, and on March 4, 2016, the Defendant filed a false report as if he/she had paid 120,000 business income to the petitioner in the workplace operated by the Defendant using the National Tax Service’s home store and the resident registration number of the petitioner at his/her own discretion without the consent of the petitioner.

Accordingly, the defendant used personal information of the petitioner beyond the scope of consent.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Subparagraph 2 of Article 71 of the Personal Information Protection Act and Article 18 (1) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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