2017 Highest 174 Violation of the Use and Protection of Credit Information Act

A

He/she shall file a prosecution, and a screening procedure (public trial)

Attorney B

November 9, 2017

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, the defendant shall be confined in a workhouse for the period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is an employee of the Gyeongbuk Military Co., Ltd.

No person who is or was an executive or employee of a credit information company, etc. shall divulge or use any personal confidential information, including credit information and privacy acquired during the course of business for non-business purposes

Nevertheless, on August 8, 2010, while the Defendant was working as a financial institution at the NAC branch located in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, without permission, inquired about the details of the use of NHFC card (the details of the use of the post cargo card), which is an individual credit information of the victim E, and printed out the data. On May 17, 2017, the Defendant submitted at the Daegu Family Court located in Yongsan-dong, Daegu-gu, Daegu District Court in charge of the above case No. 2017Reu4201, a copy of the “NHF card use (the details of the post cargo failure use) in the victim’s name acquired in the above court’s department in charge of the case No. 201.

Accordingly, the defendant used personal secrets such as credit information and privacy of the victim that he came to know in the course of his duties for purposes other than his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. An employment certificate and a personnel record card;

1.The Director;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 50(1) and 42(1) of the Use and Protection of Credit Information Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The crime of this case is committed by the defendant, who is an employee of the financial institution, without permission, printed out the information on the use of the back-of-the-down program, which is the personal information of the victim, who was the husband, and submitted it to the full bench in charge of the divorce lawsuit with the victim and used it for other than the purpose of business, and the crime

However, special consideration is given to the fact that the defendant recognizes his mistake and reflects it, that the victim does not want the punishment of the defendant, and that the defendant is automatically dismissed when he is sentenced to imprisonment without prison labor or more (including suspension of execution of sentence). In addition, considering the defendant's age, character, character, experience, environment, circumstances of the crime and result, the remaining sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the punishment shall be imposed as ordered by a fine.

Judges Cho Young-jin