(영문) 부산지방법원 2013.7.25.선고 2013고단3164 판결

However, the execution of the above punishment against Defendant B for a period of two years from the date this judgment became final and conclusive. Ordering Defendant B to provide community service for 80 hours.

Seized evidence Nos. 1 through 8 shall be confiscated from Defendant A.

Reasons

Criminal facts

Defendant A and Defendant B knew about about 15 years before and between the two. Defendant A and Defendant B, while planning to commit a crime in order to take photographs or videos of the scene where both men and women have access to the telecom and take them over to receive data, such as a spactic photo, etc., they want to give money to Defendant B, knowing that it is difficult on their own, while planning to commit the crime, to help Defendant B to identify the photographs and contact details of the persons without the wheels, and to track the location of the vehicle. Accordingly, the Defendants conspired to investigate privacy, such as identifying other persons’ contact address, track the location of a personal or mobile object, to provide the persons concerned with the spactic, and to take part in the price.

1. No person other than a credit information company, etc. committing a joint crime in violation of the Use and Protection of Credit Information Act shall engage in business activities to identify the whereabouts and contact numbers of a specific person or to investigate private life, etc. other than commercial transaction relationships, including financial transactions, and use information sources, search agencies or any other titles similar thereto;

Nevertheless, on December 2012, 2012, the Defendants discovered the mobile phone numbers of the above E through the cell phone numbers on the cell phone numbers entered in the vehicle where the non-wheeled men and women are on the front of the parking lot, and the victim F was on the front of the parking lot, and the victim F was on the front of the parking lot, and the victim F was on the front of the parking lot, with the purpose of collecting money by investigating other people's privacy, etc., by using the camera, camcer, etc. prepared in advance in the vehicle A, and the victim F was on the front of the parking lot.

On January 5, 2013: around 00, Defendant A taken a video image of the site where the above F enters the telecom with another male and female, and transferred it to the above E.

As such, the Defendants: (a) discovered the location and contact information of the wife, etc. of the above E through 12 times from the date of the mid-to mid-date on February 16, 2013 to February 16, 2013; and (b) used the name of the intelligence center, search center, and similar names, such as identifying the location and contact information of the wife, etc. of the above E through 12 times; and (c) used the name of the intelligence center, search center, and similar names.

2. Violations of the Act on the Protection and Use of Location Information;

No person shall collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, for the purpose of collecting location information of the vehicle driving by another person, it was planned to track the location without the consent of another person in advance, such as purchasing the location tracking device in advance for the purpose of collecting location information of the vehicle and preparing for real-time reception of location tracking device on the mobile phone of the Defendants.

On December 29, 2012, the Defendants collected the location information of an individual or mobile object without obtaining the consent of each individual at least six times in total, as indicated in attached Table Nos. 3, 5, 11, 15, 17, and 19, by attaching a location tracking device at the lower part of the backline of the HG vehicle, which is below the backline of the HG vehicle, the victim E, at the 1st floor parking lot of G building located in Yangsan-si, Yangsan-si, without obtaining the consent of each individual.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on K, L, M, N,O, P, Q, E, and R;

1. Each investigation report (the sequence 3, 8, 9, 11, 14, 15, 16, 19, 23, 24, 43 of the evidence list); 1. Each seizure report and the list of seizures;

Application of Statutes

1. Article applicable to criminal facts;

(a) The Defendants: Articles 50(2)7 and 40 subparag. 4 of the Use and Protection of Credit Information Act; Article 30 of the Criminal Act (the point of investigating privacy, etc.); Articles 50(2)7 and 40 subparag. 5 of the Use and Protection of Credit Information Act; Article 30 of the Criminal Act (the point of using the name, such as the Information Institute); Articles 40 subparag. 4 and 15(1) of the Act on the Protection, Use, etc. of Location Information; Article 30 of the Criminal Act (the point of collecting personal location information without obtaining consent)

(b) Defendant A: Articles 50(2)7 and 40 subparag. 4 (a point of investigation into private life, etc.); Articles 50(2)7 and 40 subparag. 5 (a point of use of name, such as information sources) of the Use and Protection of Credit Information Act; Articles 40 subparag. 4 and 15(1) (a point of collection of personal location information without consent) of the Act on the Protection, Use, etc. of Location Information;

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act (Taking into account that the degree of participation is relatively weak, that there is no record of the same kind of crime, reflectivity, etc.)

1. Social service order;

Defendant B: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant A: Article 48(1)1 and 2 of the Criminal Act

Grounds for sentencing

Defendant A, as a favorable sentencing factor for compensating for and promising damage with the victim E, having no power to commit a crime other than being punished by a fine due to a violation of the Trademark Act, and is in depth and reflects the fact that there is no request from interested parties during a considerable period of time, Defendant A collected private information, thereby infringing on the privacy of an individual and the privacy of an individual, using it, intended to gain economic benefits, and actually received money, and committed an act of committing a crime of this case under close preparation by the Defendant, etc. Each of the factors that are disadvantageous to the punishment factors, such as the crime’s motive, means and consequence, Defendant’s age, environment, criminal record, family relation, circumstances after committing the crime, etc., shall be determined by comprehensively taking account of all the various circumstances that are subject to sentencing conditions, including the motive, means and result of the crime