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(영문) 대전지방법원 2013.10.11 2013고정1476
개인정보보호법위반
Text

Defendants shall be punished by a fine of KRW 100,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is a personal information manager of the Seo-gu Daejeon Office of the Management of the Office of Seo-gu Office Office of the CCTV established for the purpose of crime prevention and facility safety management.

1. On October 2012, Defendant A provided, at the management office of the second floor of Ctel 2, a third party in excess of the scope of the purpose of collecting personal information without the consent of D, a subject of information, the CCTV images, which contain the pages of the dispute between D and B, upon request from B, that “it is necessary to file a complaint against D to the Busan Police Station having Daejeon as a crime of assault, and submit them as evidentiary materials.”

2. Defendant B received CCTV images from A with knowledge of the absence of the consent from A, a personal information controller, at the same time and place, and submitted them to the Busan Police Station at that time without the consent of D, an owner of information.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police statement law to D;

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 18 (1) (Selection of Fine) of the Act on the Protection of Personal Information: Subparagraph 2 of Article 71 and Article 19 of the Act on the Protection of Personal Information;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act (50,000 won per day);

1. Defendants of the provisional payment order: The Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against each other; the circumstances were taken into account in the course of the crime; and the perception of illegality appears to have been weak; and Defendant B agreed with D.

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