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(영문) 부산지방법원 2016.04.20 2015고단6658
개인정보보호법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On March 3, 2015, Defendant A received and used a list of faculty and staff members of the Busan Metropolitan City through H and I for the purpose of publicity for sales officetels through H and I in 2014, where there are approximately 15,000 faculty and staff members’ names prepared by the Federation of the Korean Federation of Busan Metropolitan City teachers and staff and personal information, at the fifth floor sale office of the building G of the Busan Metropolitan City, Busan Metropolitan City, which was located in the fifth floor, from March 2015, Defendant A got out of the list without legitimate authority.

2. Defendant B is the chief director of the K Cooperatives in Busan Dong-guJ.

On January 16, 2015, the Defendant concluded a service contract between H and the above association that carries on sales agency business at the above association office for Busan Ltel sales agency business, and had the Defendant thought that he would publicize the sales of the above officetels with the teachers and staff.

On February 2, 2015, the Defendant, at the office of the foregoing association, sent the list of 15,00 teachers and staff in Busan Metropolitan City, prepared by the Federation of Teachers' Organizations in Busan Metropolitan City, and the list of teachers and staff in Busan Metropolitan City, which recorded personal information, such as mobile phones, to H through M, the managing director of the said association, for use in the sale of officetels, while being provided with and kept by the Federation of Teachers' Organizations in custody.

Accordingly, the defendant provided the personal information received to be used for a purpose other than the original purpose.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement made with respect to H, M, or N;

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 71 Subparag. 6 of the Personal Information Protection Act and Article 59 Subparag. 3 (Selection of Imprisonment);

B. Defendant B: Article 71 Subparag. 2 and Article 19 of the Personal Information Protection Act (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A: The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is committed by Defendant B, the list of the faculty and staff in 15,000.

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