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(영문) 서울동부지방법원 2016.02.03 2015고단3677
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended 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 provided with any personal information for profit or for any other wrongful purpose, knowing the divulged personal information;

A. Nevertheless, the Defendant, by reporting on the advertisement of “personal information and document sales” on the Internet site “D” page, purchased another person’s personal information and sold it to a mobile phone agency that wants to reproduce a mobile phone.

Accordingly, at around 15:00 on July 1, 2013, the Defendant decided to purchase 7,000 won per 30,000 won per unit of the personal information file, a seller who sets up the above advertisement at a coffee shop near the digital single area, who was in Guro-gu Seoul. At around that time, transferred 2,10,000 won to the above seller’s account, and then sent 7 personal information files via the Defendant’s Internet (Meger E).

B. The Defendant continued to publish an advertisement “30 won per case of sending letters on behalf of others” in the above D car page, and had the intent to purchase another person’s personal information in a large quantity to act as an agent for sending letters.

Accordingly, the Defendant, at around 15:00 on October 20, 2013, contacted with a personal information seller using the Internet search service, decided to purchase at 20 won per case personal information files containing the name and resident registration number, cell phone number, e-mail address, etc. of other seller in the digital chain shop in Guro-gu Seoul, Guro-gu, Seoul. The Defendant transferred KRW 1,400,000 to an account in the name of F known by the said seller three times, and then transmitted approximately KRW 1,00,000 file numbers of personal information, such as Mesen, to the said Ba, which was sent by the Defendant.

Accordingly, the Defendant knew of the divulged personal information, received such personal information for profit or for an unlawful purpose.

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