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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
Except as otherwise expressly provided for in other Acts, no person shall lease or borrow any access medium in return for promising to receive compensation.
Nevertheless, on May 25, 2017, the Defendant: (a) received letters from a person without his/her name, and lent a medium of access to the account to acquire cash; (b) on May 25, 2017, around 11:00, the Defendant promised to receive 6.5 million won per month in the Defendant’s house located in Mapo-gu Seoul Mapo-gu, Seoul; and (c) delivered a physical card, which is an access medium for the new bank account (C) opened in the Defendant’s name, and a physical card, which is an access medium for the new bank account (E) opened in the Defendant’s husband’s name, to a person with no name, through Kwikset’s services.
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes on response to account transactions;
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 (in consideration of the extenuating circumstances, such as the fact that his/her mistake is against others and the primary offender);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;