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(영문) 창원지방법원 마산지원 2018.03.21 2018고정65
위치정보의보호및이용등에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, the defendant collected the location information of the complainant by accessing the location tracking plle (Life-360) installed on the complainant's cell phone by using any gaps in which the complainant is locked, without obtaining any consent from the complainant at the house of the complainant in Ma-Ma-Ma-si, Chang-si, Changwon-si, Ma-si, around the beginning of July 2017, for the purpose of checking the complainant's wind avoidance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to petition for complaint, and photograph of fluor;

1. Article 40 of the relevant Act on the Protection, Use, etc. of Location Information regarding criminal facts and Article 40 subparagraph 4 of the Act on the Protection, etc. of elective Location Information (Selection of Penalty) and Article 15 (1) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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