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

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

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, on November 13, 2017, the Defendant sought a borrowed-name account to be used for the reduction or exemption of liquor taxes from liquor companies as a mobile phone from the name-free person who sent advertising letters to the name-free person, and consented to the proposal that “The Defendant will give KRW 900,000 won per day when lending the passbook under the name of the Defendant for three days,” and then, around November 16, 12:30 of the same year, the Defendant sent a new bank account (C), corporate bank account (D), SC bank account (E), Saemaul Bank account (F), and the Saemaul Bank account (G) and notified the above name-free person of its password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. A detailed statement of account transactions, an application for opening an account, etc.;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of deposits and withdrawal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the Defendant’s lending of the Defendant is highly likely to be used as a means of other crimes, such as singing, etc., and is actually used for singing. Meanwhile, the Defendant’s violation of the instant crime, the Defendant has no record of punishment for the same kind of crime, the number of accessible media transferred by the Defendant (e.g., physical card 5), and other conditions of sentencing as shown in the instant records and trial process, such as the Defendant’s age, sexual conduct, environment, motive and background of each of the instant crimes, means and method, and circumstances after the crime.