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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall lend or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.
At around 13:00 on June 20, 2016, the Defendant lent the means of access by promising to deliver the physical cards connected to the Defendant’s name-based bank B account, corporate bank C account, and national bank D account under the name of the Defendant on the condition that the Defendant receives KRW 500,000 per account, on the condition that he/she will receive KRW 500,000 per each account.
Summary of Evidence
1. Defendant's legal statement;
1. A criminal investigation report (in cases of attaching evidentiary data verifying the return of amount of damage);
1. Application of each specification of transactions Acts and subordinate statutes;
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of a selective fine (the initial crime, the fact that all the money deposited in the account was returned to the victims, and the fact that such money was opened, etc.);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;