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(영문) 수원지방법원 2019.03.07 2018고단7126
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

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 January 16, 2018, the Defendant: (a) filed an application for perusal of trial records with respect to the list of creditors including personal information, such as creditors E and 1126 names, addresses, etc. of creditors of the Cheongju District Court 2014 Mahap4 (DaD Golf) regarding the debtor C Co., Ltd. (DD golf course); and (b) provided the above personal information to F without a separate consent from 700 data subjects, such as E, a data subject; and (c) provided the said personal information to F, for the purpose of sending a written notice to the G member Exchange.

As a result, the Defendant provided a third party with personal information without obtaining a separate consent from the subject of information.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Statement to E by the police;

1. A notice or a notice;

1. A list of the clients of criminal charges;

1. Application of the statutes on the details of personal information provided;

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 19 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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