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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, on July 2017, C, who had misrepresented the employees of a liquor company, proposed that the Defendant punished money in return for the lending of the physical card with the word “in need of an account in order to obtain tax reduction or exemption, sending KRW 700,000 won per day on a face-to-face card, and returning it three days after lending the physical card,” and that the Defendant also accepted the above physical card.
Around August 1, 2017, the Defendant and C promised to receive KRW 700,000 per day of the physical card in return for the lending of the physical card from the Party D in Seodaemun-gu Seoul, Seodaemun-gu, to put in the name of the Defendant’s bank account (G), H bank account (I), and J bank account (K) and sealed three copies of the physical card connected to each of the Defendant’s name, and then deliver it to the Nonindicted Party via door-to-door, and notify the password of each of the above physical card.
As a result, the defendant and C agreed to receive the price in collusion and lent the access media to the name infinite.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police officer against the defendant or C;
1. Each police statement made against L/M;
1. Details of transactions of entry and withdrawal, details of transactions, and application of statutes on each copy of passbook;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a selective fine (to reflect his/her fault and to take into account the extenuating circumstances, such as the fact that he/she has no record of punishment other than a single type of fine);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act of the Provisional Payment Order.