전자금융거래법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts shall consult with the Defendant, and hear the horses that a physical check needs to be made for the repayment of the principal and interest of the loan from him, even if the terms and conditions of the loan are set, such as the amount of loan, repayment period, interest rate, etc., and deliver the physical check card as stated in the facts charged (hereinafter “instant physical check”) and does not lend the physical check card upon promise of intangible expected interest to receive the loan in the future.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Specific determination
A. In using and managing the means of access, no person who is the gist of the facts charged of this case may engage in any act of lending, demanding or promising to receive, demand or promise any compensation unless otherwise specifically provided for in other Acts.
Nevertheless, around January 30, 2019, the Defendant received a proposal from a person who misrepresented himself/herself as a lending business operator and sent a physical card to pay principal and interest to him/her, and around 18:33 on the same day, he/she sent him/her via Kwikset service article, who sent a physical card connected to B Bank Account (C) under the name of the Defendant at the front of the 3rd city of Gangnam-gu, Gangnam-gu, Seoul.
As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.
B. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending a means of access so that another person may temporarily use the means of access without managing and supervising the user of the means of access when receiving, demanding or promising to receive compensation (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017).