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Defendants shall be punished by a fine of three million won.
In the event that the Defendants did not pay the above fines, only 100,000.
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.
1. On October 25, 2017, Defendant A received letters from a person without his name, and lent a medium of access to the account for five days to that person, with a view to lending KRW 3 million, and acquired cash. On the same day, around 14:00 on the same day, Defendant A sent name-free winners to Kwikset’s article outside the D shop located in Yangcheon-gu Seoul Special Metropolitan City, Yangcheon-gu Seoul Special Metropolitan City, to the article of Kwikset’s account (E) opened in the name of the Defendant, and the physical card of the new bank account (F).
As a result, the Defendant promised to receive the access media used in electronic financial transactions in return for payment.
2. On October 23, 2017, Defendant B received a telephone from a person who was unaware of his/her name to operate a gambling site and lent the accessible medium to him/her, and promised to receive a loan fee of KRW 3 million in the month. On October 25, 2017, Defendant B delivered the e-mail card of the new bank account (I) opened in the name of the Defendant before the Gangseo-gu Seoul Special Metropolitan City G H convenience store, and the e-mail card of the bank account (J) established in the name of the Defendant.
As a result, the Defendant promised to receive the access media used in electronic financial transactions in return for payment.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made to K in the police statement;
1. Response to warrants;
1. Each investigation report (attached a detailed statement of deposits and withdrawals from the National Bank Account A of a suspect / Application of Acts and subordinate statutes to a certificate of performance of deposit transactions in the Korean Bank Account B of a suspect B);
1. The Defendants of the relevant criminal facts: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act; and
1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act
1. Defendants who choose the punishment: each of them shall be fined.