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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
No person shall lend any electronic card used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transactions with users and other access media, such as a password, necessary for the use of such card, and information thereon, upon receipt of consideration, request or promise.
Nevertheless, the defendant, on June 20, 2018, is raising a personal account from a person who was in an irregular situation for the purpose of reducing corporate taxes.
It shall be used for 3 days on the face of lending two pages, and it shall be paid from 2.4 million to 3.5 million won on the face of the head of the household.
“After receipt of the proposal,” the Defendant’s name was changed to two physical cards connected respectively to the head of the Tong (C) and the head of the new bank (D) on the same day.
As a result, the Defendant used the electronic financial transaction in return for payment, demand, or promise.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on receipts, warrant reply data, and details of account transactions in a new bank;
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 a selective fine (including the details of the crime, the gains acquired, and the fact that no punishment has been imposed other than the fine imposed due to the traffic-related crimes, taking into account all the circumstances shown in the records and pleadings);
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;