전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged of this case, although it is sufficiently recognized that the defendant committed an electronic financial transaction by promising the defendant to receive a loan, using the access media without managing and supervising the defendant, who is the user of the access media. The court below erred by misapprehending the legal principles as to the lending of access media and the recognition of the outcome thereof under the Electronic Financial Transactions Act, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged of the instant case is prohibited from lending or lending, or storing, delivering, or distributing an access medium with the receipt, demand, or promise of the consideration in using or managing the access medium.
Nevertheless, the Defendant stated in the written indictment around December 20, 2019 as “as of December 23, 2019,” but according to the Defendant’s statement made by an investigative agency, “as of December 20, 2019,” the Defendant’s statement is “as of December 20, 2019,” and it is obvious that it is a clerical error. As such, it is corrected as above.
B It is possible to provide loans from a person in unsound name who assumes a false name C, but it is necessary to improve credit rating in advance.
On December 23, 2019, upon receipt of a proposal to the effect that if we send a physical card and password to us, they would make a credit rating and increase the credit rating after performing work to create the transaction details of the processing, and accepted it, and then sent the personal identification number to Kwikset service officers who sent the nameless winners on the front side of Yongcheon-si, Youngcheon-si, D around December 23, 2019, one copy of the physical card connected with the B bank account opened in the name of the defendant, and around that time, he sent the personal identification number to the nameless winners by telephone.
As a result, the Defendant promised to receive intangible expected profit from future loans and lent the access media to the name infinites.
(b).