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Defendant shall be punished by a fine of KRW 5,000,000.
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 while receiving, demanding or promising to receive any consideration, or keep, deliver or distribute it, or lend or lend any access medium with the knowledge that it will be used for a crime or be used for a crime, or store, deliver or distribute it with the knowledge that it will be used for such crime.
The defendant would pay 15% of the deposit amount to the company B's name in return for the 15% of the deposit amount to the company's name.
“The phone received the call,” which received a communication to the effect that an account is recruited to receive a company’s sales payment for the purpose of tax evasion, and intended to lend the account accordingly.
Based on the evidence duly adopted and examined by this court, some expressions written in the indictment were modified ex officio to the extent that it does not substantially disadvantage the defendant's exercise of his right to defense.
On August 30, 2017, at around 13:00, the Defendant sent a personal identification number to a non-delivery officer who is connected to the national bank account (Account Number: D) in the name of the Defendant to the front of the Chungcheongbuk-dong C, Chungcheongnam-do.
Accordingly, the defendant extended the access media of electronic financial transactions while being aware that the defendant would be used in the crime at the same time as the promise to receive the price.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to written confirmation of transfer results and response materials;
1. Articles 49(4)2 and 6(3)3 (a) of the Act on the Electronic Financial Transactions and Trade (a known to be used for a crime) concerning criminal facts, and Articles 49(4)2 and 6(3)2 (a) of the Act on the Electronic Financial Transactions and Trade (a known to be used for a crime) concerning the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of an alternative fine;
4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
5. Paragraph 1 of Article 334 of the Criminal Procedure Act of the Provisional Payment Order.