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(영문) 서울중앙지방법원 2019.02.14 2018고단7749
위치정보의보호및이용등에관한법률위반
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1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

No one shall collect, use, or provide the relevant personal location information without consent from the subjects of personal location information.

Defendant

On May 10, 2018, A asked Defendant B, who is operating the so-called “E” center, to track the location of the above victim, and Defendant B accepted Defendant A’s request for tracking the location of the victim in return for tracking the location.

At the same time, the Defendants informed Defendant B of the victim’s address, vehicle type, number, etc., and Defendant B, around May 23, 2018, installed one location tracking device (title: SORES and model name: TB0-386505) at the first B block parking lot of Gyeonggi-si, G Gadi A6 car owned by the victim, and informed Defendant A of the location of the victim from May 24, 2018 to May 25, 2018.

Accordingly, the Defendants conspired to collect the location information of the victim without the consent of the victim.

Summary of Evidence

1. The defendants' legal statement (the defendant A part)

1. Statement of D police statement;

1. Each statement of D and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on the occurrence of location information (Violation of the Act on the Protection and Use of Location Information), report on internal investigation (at the time of dispatch to the site and voluntary submission of victims of tracking devices), photograph of a petitioner's vehicle, a statement of entrance and exit, and a copy

1. Article 40 subparagraph 4 of the Act on the Protection and Use of Location Information under the relevant Act on Criminal Facts, and Article 15 (1) of the same Act, and Article 30 of the Criminal Act (Selection of Imprisonment with prison labor and a fine for negligence against Defendant A)

1. Articles 70(1) and 69(2) (Defendant B) of the Criminal Act for the inducement of a workhouse;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Article 48 (1) 1 (Defendant B) of the Criminal Act;

1. Article 48 of the Criminal Act.

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