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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 borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.
Nevertheless, on November 23, 2017, the Defendant would pay 3% of the amount of money to be withdrawn on the face of the deposit account in cash after receiving the check card in another person’s name and withdrawing the money deposited in the said account from the “B Team leader” who is in charge of C.O.DVIP room in the Philippines.
In order to make such a large amount of fee, it is necessary to make the details of the deposit in the bank account under the name of the party, and send a e-mail card.
“Written proposal” was received and accepted.
On November 27, 2017, the Defendant: (a) informed of the fact that the deposit account in the name of the Defendant, to be delivered to the “B team leader” in the name of another person from the “B team leader” in the name of the Defendant, would be used for an unlawful tax evasion, etc.; (b) issued a check (credit number (D) which is a medium access to the Saemaul Bank in the name of a person who was unable to know of the name of the “C team leader” from the person who was unable to know of the name of the “C team leader”; and (c) informed the person who was unable to know of the name of the name of the Defendant, he/she opened a physical card, which is an access to the Saemaul Bank Account in the name of the Defendant’s name, in the name of the Defendant’s bank account (Account number: E).
Accordingly, the defendant kept access media while being aware that he will be used in the crime and lent the access media.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A list of seizure records (voluntary submission), and a list of seizure;
1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);
1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1.Article 40 of the Criminal Code of Trade and Trade.