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(영문) 대전지방법원 서산지원 2018.05.24 2018고단255

전자금융거래법위반

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, around December 11, 2017, the Defendant introduced himself as “B agency” of a foreign-type sports hosting company, as “B agency,” and proposed a proposal that “to use 3,300,000 won for three days on a face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-face-to-face-face-to-face-face-to-face-face-to-

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. Application of statutes, such as a list of inquiries about customer information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act include the following: (a) there is a need to strictize the Defendant’s act of lending access media, and the Defendant’s act of lending access media that is the starting point of the criminal offense is not easy to impose the Defendant’s liability, such as where the Defendant actually used the access media was involved in the criminal offense, but it is against the Defendant’s recognition of the criminal act; (b) the gain acquired by the criminal act appears not to exist; (c) the primary offender is the Defendant’s age, sexual behavior, career, home environment, motive for the criminal act, etc.; and (d) the sentencing conditions specified in the instant argument, including the following circumstances, shall be determined as the sentence as