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(영문) 서울북부지방법원 2016. 8. 31. 선고 2016고단2689 판결
위치정보의보호및이용등에관한법률위반
Cases

2016 Violation of the Act on the Protection and Use, etc. of Location Information

Defendant

A

Prosecutor

○○ (prosecution) and ○○ (Public Trial)

Defense Counsel

Attorney ○○○

Imposition of Judgment

August 31, 2016

Text

Defendant shall be punished by a fine of five million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for a period of 10,000 won converted into one day.

Seized evidence subparagraph 1 shall be forfeited from the accused.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

No person shall collect, use, or provide personal location information without obtaining the consent of an individual.

Nevertheless, the Defendant installed one location tracking device (○○○○○○○○○○○○○○○○○○ apartment parking lot located in Seoul, ○○○○○○○○, ○○○○○○○, located in ○○○○○○, located in ○○○○○, located in ○○○○○○, located in ○○○○○○○○, located in ○○○○○○○, and installed one location tracking device on the right side of the ○○○○○○○○○○, located in the right side of the ○○○○○○○○○, and collected the location information of the victim in the same way from around one week thereafter to one week without the consent of the ○○○○.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 40 subparag. 4, Article 15(1)1 of the Act on the Protection, Use, etc. of Location Information; the former part of Article 37, Article 38(1)2, Article 50(1) of the Act on the Punishment of Concurrent Crimes; Articles 70(1) and 69(2)1 of the Criminal Act on the Punishment of Concurrent Crimes; Articles 70(1) and 69(2)1 of the Criminal Act on the Punishment of Investigative Agency established: 10 months of imprisonment; 5 million won of fine; 5 million won of forfeiture; 5 million won of fine; 5 million won of fine; 5 million won of forfeiture; A person subject to forfeiture; : Confession; Voluntary Appearance; Voluntary Appearance of Police; (e.g., victim; (g) deposit; (v) absence of any special relationship with the victim; (v) deposit (** 3 million won of money of the date * 3 million).

Judges Owon-ho

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