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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 transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.
Nevertheless, around November 2, 2017, at the Defendant’s workplace located in Mapo-gu Seoul Metropolitan Government, around 14:26, the Defendant promised to receive KRW 4.5 million per 5 million per 5-day physical card in return for lending the e-mail card to the Defendant’s new bank account under the name of the Defendant (C), each national bank account (D, E) and each national bank account (F), and issued four copies of the e-mail card connected to the Kakao Bank account under the name of the Defendant, through Kwikset Service Articles, and notified the password of each of the above e-mail card.
As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.
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 of the police statement related to G;
1. The written statement of the defendant;
1. Application of Acts and subordinate statutes, such as an inquiry about details of account transactions by a victim and a copy of a new bank passbook;
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 (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;