Text
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 borrow or lend any access medium in the course of receiving, demanding or promising any consideration in using or managing access media for electronic financial transactions.
Nevertheless, on April 11, 2017, the Defendant borrowed an individual passbook because of the increase in the sales of the company, which is a small logistics company that imports raw materials from a foreign country.
In lending the head of the Tong, three million won per account shall be given per week.
The head of the Tong shall return after one month.
“On April 18, 2017, at around 13:00 on April 18, 2017, at the first apartment management office in the Dong-gu, Daegu Northern-ro 21-gil-ro, the first apartment management office of the apartment complex, the title of Kwikset-ro, which sent by the above Buddhist winners to Kwikset-ro, one physical card connected to the new cooperative account opened in the name of the Defendant, and two accessible media, such as a physical card connected to the Daegu bank account opened in the name of the Defendant, and one physical card connected to the Daegu Bank account (C).
Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A certificate of transfer confirmation;
1. A warrant for search and inspection of seizure (applicable mutatis mutandis to financial accounts);
1. Response data on financial transaction information;
1. A copy of bankbook;
1. Application of Acts and subordinate statutes to investigation reports (verification of the Account Issuing 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 an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The act of lending media access to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act should be strictly punished as a means of other crimes. However, taking into account the fact that the Defendant recognized his/her mistake and reflects it, it is ordered as above.