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(영문) 의정부지방법원 2020.08.13 2020고정1069
위치정보의보호및이용등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is currently in a divorce lawsuit against the victim B and his husband.

1. No person who violates the Act on the Protection and Use of Location Information shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information;

Nevertheless, on October 2019, the Defendant: (a) attached documents inside the string line of the Switzerland car, which are located within the string line of the Switzerland car; and (b) collected personal location information of the victim until October 26, 2019, by attaching the documents inside the string line of the Switzerland car.

Accordingly, the defendant collected personal location information of the victim without the consent of the victim who is the subject of personal location information.

2. On October 26, 2019, the Defendant discovered the content of electronic records, etc., including the victim’s cell phone from the “E” camera located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, by arbitrarily inputting the victim’s cell phone pattern, and cancelled the victim’s cell phone pattern from the virtual area, and then searched the victim’s telephone details and text messages, and screened them, thereby identifying the content of electronic records by using technical means.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of the provisions of the Acts and subordinate statutes on CCTV screen which the suspect submits to the court, the details of the divorce complaint submitted by the suspect to the court, the contents of the Kakakao Stockholm dialogue on the cell phone which is a complainant submitted to the court, the details of the text message on the cell phone submitted by the suspect to the court, the contents of the conversation on the cell phone submitted by the suspect to the court, the data on tracking the location of the

1. Article 40 of the Act on the Protection, Use, etc. of Location Information regarding facts constituting an offense and Article 40 subparagraph 4 of the same Act;

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