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(영문) 대구지방법원 2017.03.24 2017고정138
개인정보보호법위반
Text

Defendants shall be punished by a fine of 6 million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A was a person who worked at the Nice Center of the 4,5th floor of Daegu Jung-gu C building, and Defendant B was a person who operated the F F F Insignia Center of the 4th floor of Daegu Jung-gu E and the 4th floor.

No one shall divulge personal information that he/she has learned in the course of performing his/her duties, provide such personal information to any third person without authority, or receive such personal information for profit or for any unlawful purpose.

1. On April 7, 2016, Defendant A entered a membership management program (based on) ID and password that he/she became aware of in the course of performing the duties of managing its members at the above D Fice Center, and subsequently received personal information, including the name, cell phone number, date of birth, etc. of 598 members of the above D Fice Center, and sent the above X-cell file to B via the Internet at the same place on the same date at around 15:17 of the same day.

Accordingly, the defendant divulged personal information that he has become aware of in the course of his duties and provided it to another person without authority.

2. Defendant B received 598 personal information of 598 members of the D Fice Center, which was leaked by A without authority, from a non-permanent and non-permanent place, as described in paragraph (1).

As a result, the Defendant knew of personal information that he had become aware of in the course of performing his duties and provided it to others without authority for profit-making purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A written accusation;

1. Application of Acts and subordinate statutes to the membership management program photographs, letters, Kakao Stockholm photographs, mer-day photographs, membership information (main contents), and CD (D insignia member information X-ray files) on the screen;

1. Defendants of the relevant Act on criminal facts: Article 71 subparag. 5 of the Personal Information Protection Act and Article 59 subparag. 2 of the said Act;

1. Commercial concurrent defendants: Articles 40 and 50 of each Criminal Code (personal information).

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