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(영문) 광주지방법원 해남지원 2018.10.04 2017고단391
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. shall be knowingly provided with any divulged personal information for profit or any unlawful purpose;

On June 3, 2016, the Defendant: (a) filed a file containing personal information posted by a person who was unaware of his/her name on the Internet “D” website in the Defendant’s house located in South and North Korea Navy; (b) purchased the file containing the said personal information; and (c) received a file containing personal information from a person who was unaware of his/her name for the purpose of selling the file; and (d) received the file containing personal information from the person who was unaware of his/her name to January 2017.

1. Upon receipt of a total of 645,759 files containing personal information as described above, 63 persons were knowingly provided with personal information divulged for profit or for any other wrongful purpose;

2. No person who violates the Personal Information Protection Act shall acquire personal information processed by another person by fraud or other improper means or methods, and provide such information to a third party for profit or unjust purposes;

In doing so, the Defendant acquired a total of 645,759 personal information as described in paragraph 1, and thereafter sold earth DB professionally on the Internet website at the Defendant’s home located in South west-gun C around January 16, 2017.

“The Defendant managed KRW 2.50,00 in return for the transmission of approximately 5,00 personal information to a buyer with no knowledge of the name for which the communication was reported and made.

The person was transferred to the Saemaul Treasury Account in the name of E.

In addition, the Defendant’s list of offenses committed from June 4, 2016 to February 3, 2017.

2. As described in the statement, personal information was sold to any person whose name is not known over 124 times and received a total of KRW 44,985,000.

As can be seen, the Defendant’s personal information is personal information by fraud or other improper means.

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