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Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
1. The Government shall not lend any access medium to electronic financial transactions to any other person while promising to receive such consideration;
Nevertheless, around February 9, 2017, the Defendant lent the physical card connected to the bank account in the name of the new bank account in the name of B, which was established under the condition that the Defendant would create a bank transaction performance at the location of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Yang Jae-gu, and would obtain a start-up loan.
As a result, the defendant promised to receive the price, and used the access media for others.
2. On March 2017, the Defendant promised, in a coffee shop near Seocho-gu Seoul, Seocho-gu, Seoul, to borrow a corporate bank D account under the name of the Defendant, and each physical card connected thereto from the bank E account under the name of the Defendant, and used the access media for another person.
3. On April 17, 2017, the Defendant promised to lend a physical card, which was linked to the company’s name, to the FF account in the name of the Defendant, to the needy person in the street near the Seocho-gu Seoul Western Station and to receive the payment under the said condition, and used the access media for another person.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to G and H;
1. A written statement of I and J;
1. The response to data on each search and seizure warrant (the Korean bank and the new bank);
1. Application of statutes on certified copies of the corporate register, the specifications of transactions by the account of corporate banks, and the details of deposits and withdrawal by national banks;
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine (a large number of accessible media available for transfer, but the initial offender and his/her age are considered);
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;