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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.
Nevertheless, on April 28, 2017, the Defendant accepted a proposal from a person who was in the name of a police officer to “as a sports earth company, the Defendant would have borrowed an account of KRW 3 million per week.” On April 25, 2017, the Defendant transferred 3 million out of the money transferred to the said Korean bank account to a different account in his/her own name in return for lending the card at around 25, 2017, to Kwikset service engineer’s name-based bank account (D) and the new bank account (E).
Accordingly, the defendant lent the access media used in electronic financial transactions while receiving the price.
Summary of Evidence
1. Statement by the defendant in court;
1. Copies of and copies of bankbooks attached to the police suspect examination protocol for the accused;
1. Police seizure records;
1. Application of a copy of Korean bank transaction law;
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 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. Consideration in light of the favorable circumstances, such as the fact that the access media leased by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was actually used for the crime, and that the amount of damage appears to have been fully returned;