Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.
Nevertheless, the defendant, on May 25, 2018, has opened an account from a person who is not in the name of the defendant, and used the account for three days from the lending of the account, and then will offer 2.4 million won per account.
“In response to the receipt of the text message “,” the said day, at the “C point located in Seo-gu, Seo-gu, Seo-gu, U.S., Sinyang-si, the 16:30 on the same day, agreed to provide compensation by delivering each copy of the e-mail card connected to the Defendant’s account (D) and the new bank account (E) to the Defendant’s account, and lending the access medium of the electronic financial transaction.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements and documents verifying transactions;
1. Report on internal investigation (ended of execution of a warrant of search and inspection), records of providing financial transaction information, inquiries about personal information of customers, written applications for transactions, and certificates of deposit transaction records;
1. One copy of investigation report (Attachment of transaction details), and of account transactions with the new bank;
1. Application of Acts and subordinate statutes of one copy of an investigation report (Attachment of the details of text messages), and of text messages;
1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a selective fine for punishment (the social music of the passbook was known to the public, and the Defendant’s access media was used for the criminal act of Bosing.
However, considering that the defendant has been living without any criminal history as well as the same crime until now.
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;