Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.
1. On February 12, 2017, at around 18:00, the Defendant received a proposal from a person who was dissatisf of the subway station No. 6 station located in Dobong-gu, Seoul Special Metropolitan City, to grant KRW 3 million to the new bank account (C) located in the name of the Defendant, and transferred the check card connected to the new bank account (C) located in the name of the Defendant.
2. On March 14, 2017, at around 18:00, the Defendant received a proposal from a person who represents a subway company No. 5 subway station located in Dobong-gu, Seoul Special Metropolitan City, to grant KRW 2 million to a new bank account in the name of the Defendant and a company bank account (E) and a company bank account (F) respectively.
Accordingly, the Defendant promised to pay the price, and lent the approaching media.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of G to the prosecution;
1. A protocol concerning the examination of suspect of H with respect to the police;
1. Statement made to I by the police;
1. Each protocol of seizure and each list of seizure;
1. No. 2: Application of Acts and subordinate statutes regarding account transactions;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment (to be taken into account, such as the reflection of his/her mistake, the primary charge, and the fact that the economic environment is not good);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;