전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal doctrine) is recognized as allowing another person to conduct electronic financial transactions at his/her own discretion by promising the Defendant to pay for the “opportune” when the Defendant lent the access medium.
Nevertheless, while the loan commitment of this case constitutes an intangible economic profit, the court below did not recognize the nature of the consideration by the defendant on the ground that the defendant was unaware of his name in the course of the loan.
The defendant did not have any fact in the process of withdrawing money by using the e-mail card that was issued by the non-name holder as above, but he did not have any fact of management and supervision by the defendant.
In fact, the facts charged of this case were found not guilty.
Therefore, the court below erred by misapprehending the legal principles on factual mistake or electronic financial transaction law.
2. The summary of the facts charged of the instant case is prohibited from lending the access media with the promise of compensation in using and managing the access media.
Nevertheless, on December 18, 2019, the Defendant should raise credit through deposit and withdrawal work to obtain a loan from a person who is in the name of the defendant.
In receipt of the proposal to the effect that “,” and accepted it, and then, through Kwikset Service Articles, the CC Card, password, identification card, which is an access medium connected to the Kwikset’s bank account (Account Number D, E) in his name before Daegu North-gu B, Daegu-gu.
As a result, the defendant lent access media to the name in return for the intangible expectation interest that can receive future loans.
3. The lower court determined as follows: (a) the owner of the access medium, specifically identified the use of the access medium, delivers it to a third party; and (b) the third party is both.