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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No one shall transfer or acquire any access medium, such as a cash card, which is an electronic card, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, unless otherwise expressly provided for in other Acts and subordinate statutes, and shall not lend or lend any access medium, or keep, deliver or distribute such access medium while receiving, demanding or promising to provide compensation.
Nevertheless, the defendant is a liquor company, and the account is needed to reduce taxes.
It shall be KRW 800,000 per day on the face of lending the account, and shall be returned three days after the date.
On May 29, 2017, after receiving a proposal to the effect that “,” the company-based bank account (D) in the name of the Defendant at the company-based bank account (E) and the new bank account (E) were delivered to the above name-oriented person through Kwikset service.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Details of remittance;
1. Application of Acts and subordinate statutes concerning investigation reports (related to the new bank account);
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to the transfer of physical cards connected to the enterprise bank account with the heavier corporate banking account);
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;
2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;
The sentencing criteria shall not apply because of the choice of a fine: The electronic financial transaction access media that transfers or lends a fine of 3 million won to another person can be used for fraud crimes, such as Bophishing.