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(영문) 부산지방법원 2018.05.24 2018고정156
개인정보보호법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a director of the “B” company that requested redevelopment and reconstruction construction by proxy from the development of treatment construction and modern industrial development, and C is a person who operates the survey company of “D”.

No person who processes personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority.

On October 2016, the Defendant requested that the “D” office located on the fourth floor of the building in Mapo-gu Seoul Special Metropolitan City, Mapo-gu, Seoul, requested that the said company conduct a survey on the selection of the contractor for the F&F redevelopment project in Busan, and provided Da’s representative without authority with personal information, such as G and H’s 64 residents’ name and cell phone number collected from the residents in relation to the above redevelopment project.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Statement of the police statement related to G;

1. Police seizure records;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Acts concerning facts constituting an offense and Article 71 subparagraph 5 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the Act on the Protection of Personal Information (Optional to a punishment);

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

1. As to whether or not the Defendant confiscated the mobile storage device (USB) in which personal information was stored to C, the Defendant did not provide 1-3 evidence seized in the form of output.

The above seized evidence 1 to 3 is either a printed out of the information stored in the above portable storage device (USB) or a book, etc. prepared based on the information.

Therefore, it is sufficient to seize from C, and it is not possible to additionally seize the defendant.

The above mobile storage device (USB) or any other file copied or stored by the information can be confiscated, but it is not visible in this case.

It is so decided as per Disposition for the above reasons.

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