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Defendant shall be punished by a fine not exceeding five hundred thousand won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who operates ‘C', which is an enterprise for the purpose of installing and leasing a card terminal in Bupyeong-gu, Nowon-gu.
A personal information manager shall not provide any personal information to a third party without the consent of the subject of information or a third party, except where the subject of information or his/her legal representative is unable to express his/her intent or obtain prior consent due to his/her unknown address, etc., where the subject of information or his/her legal representative is clearly deemed necessary for the purpose of protecting the life, body, or property of the subject of information or the third party, where it is essential to do so within the scope of the intended purpose of collection
Nevertheless, around March 10, 2013, D, an employee of the Defendant, provided personal information, such as the name, resident registration number, etc. of G, the head of “F” convenience store in Bupyeong-gu, Incheon, which was collected in connection with the lease of card devices, to G, and provided 40,000 won out of G’s national bank account to “FE” as an automatic financial settlement company without the above G’s consent.
As above, the defendant's employee D provided personal information to a third party without the consent of the subject of information.
Summary of Evidence
1. Each legal statement of the witness H and G;
1. Examination protocol of police suspect regarding D;
1. Application of each police protocol of statement to D, I, and H
1. Article 74 (2), Article 71 subparagraph 1, and Article 17 (1) 1 and 2 of the Personal Information Protection Act related to the relevant criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination of the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is from G at the time of entering into a terminal lease contract.