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(영문) 서울동부지방법원 2014.05.15 2014고단672
개인정보보호법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who manages or has processed personal information in violation of the Personal Information Protection Act shall acquire personal information or obtain consent to the management of personal information by fraud or other improper means;

The Defendant was a person who operated a elimculation class, and from June 2013 to March 2014, the Defendant displayed or gifts a picture book to an unspecified number of elementary school students who lack the ability to determine their age at an elementary school near the Seoul Songpa-gu and Sungnam-si located in the middle school, such as the Seodaemun-gu Elementary School, the landing elementary school, the Samwon Elementary School, the Cropic Elementary School, the Cropic Elementary School, the Tropic Elementary School, the Tropic Elementary School, and then acquired personal information by asking the personal information of 250 elementary school students and the academic year, the parents' telephone number, etc., by unlawful means.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall make any codes, letters, sound, images, or motion pictures creating fear or apprehensions reach another person repeatedly through information and communications networks;

On March 1, 2014, the Defendant: (a) called the victim C’s cell phone phone, which was discovered by the same method as the above paragraph (1), and sent the victim’s child to the Defendant several calls; and (b) called the victim’s child at several times from March 1, 2014 to March 16, 2014; and (c) called the victim’s child at several times, such as the victim’s telephone call to the effect that he would leave the victim’s child to the Defendant, and led the victim to repeatedly reach the other party who caused fear or apprehension.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement concerning D, E, F, and G;

1. Investigation report (Attachment of photographs), investigation report (victim E and suspect telephone content), investigation report (investigation of e-mail);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 72 of the Personal Information Protection Act and Articles 72 subparagraph 2 and 59 of the Act on the Protection of Personal Information for the Crime.

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