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(영문) 부산지방법원 동부지원 2015.05.07 2014고정1061
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is engaged in the business of selling apartment officetels, and provided personal information to a third party without the consent of the subject of information unless there is any justifiable reason, or did not receive it with the knowledge of the circumstances, the Defendant was willing to share personal information kept by each other with other sales counselor in order to advertise the sale by means of mobile phone text messages.

1. Around July 2013, the Defendant provided approximately 32,49 items of personal information, such as mobile phone numbers, to a seller of an in-house sales office in Busan-gu Btel, and via e-mail without obtaining the consent of the said customer.

2. At the above time and place, the Defendant received approximately 28,565 items of personal information, such as mobile phone numbers, from the above sales counselor via e-mail without obtaining consent of the subject of information.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry into the records of seizure prepared by the police;

1. Investigation report prepared by the police - Application of the Acts and subordinate statutes to the investigation of the victim party telephone;

1. Article 71 (1) (former part) of the Personal Information Protection Act and Article 17 (1) 1 (Selection of Fines) of the said Act: Article 71 (1) (latter part) and Article 17 (1) 1 of the said Act

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 1 of the Judgment with heavier Crimes);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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