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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.
Nevertheless, on October 1, 2018, the Defendant: (a) received a proposal from a person who has no name in the morning to borrow an individual check to be exempted from liquor tax for the reduction of or exemption from taxes; (b) received a proposal to “to use and return for one week if he/she lends the card; and (c) to provide 6 million won in return; and (d) received such proposal, and then sent a physical check card connected to the Defendant’s name to the bank account (number : E) from the C point located in Eunpyeong-gu Seoul Metropolitan Government at around 13:00 on the same day; and (b) notified the password by telephone.
Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of the Acts and subordinate statutes governing financial transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Consideration of the Defendant’s age, family relationship, etc.