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Defendants shall be punished by a fine of KRW 4,000,000.
In the event that the Defendants did not pay the above fine, 100.
Reasons
Criminal facts
In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.
1. Defendant A
A. On May 2019, the Defendant: (a) accepted the proposal that “If sending a physical card, the Defendant would pay KRW 2 million per opening,” from a person who was not a senior policeman’s name; and (b) sent one physical card in the name of the Defendant to a person who was not a senior policeman during the same month via Kwikset service.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
B. The Defendant committed a crime related to the account under the name of the Defendant’s father E account.
After transferring one copy of the physical card in the name of the defendant, as described in the paragraph, the above person in the name of the defendant transferred it to Kwikset service with a proposal from the above person in the name of the defendant to the effect that "the physical card inside is low to send another physical card." On May 22, 2019, the person in the name of the defendant sent one copy of the C (G) account in the name of the defendant E in the name of the defendant's father-gu F apartment in Chang-gu, Changwon-si around 14:00.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
2. The Defendant “A may receive KRW 2,00,000,000 if he/she lends a cream card necessary for the reduction of or exemption from taxes to a alcoholic beverage business entity for three days.” On May 23, 2019, the Defendant sent the cke card in the name of the Defendant’s account in the name of the Defendant and one cke card in the name of the Defendant’s account in the name of the Defendant to Kwikset Service, respectively.
Accordingly, the Defendant promised to receive compensation and lent the means of access.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement about M and N;
1. Application of details of transactions and detailed statement of deposit transactions Acts and subordinate statutes;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;