전자금융거래법위반
The sentence of sentence against the defendant shall be suspended.
Criminal facts
The Defendant, around 17:00 on July 4, 2019, sent a e-mail card to the Defendant to collect interest on the lending of KRW 3 million from the person who was not the name of the Defendant. In the facts stated in the indictment, the Defendant would borrow KRW 3 million from the person who was not the name of the Defendant when lending the e-mail card to collect the principal and interest of the loan.
However, according to the evidence, the defendant's proposal was presented as "the forwarding of the physical card so that interest may be collected from lending KRW 3 million." The above modification is deemed not to affect the defendant's exercise of his/her right of defense, even if recognized as above without modification to the indictment. After accepting the proposal, the defendant's office located in Mineyang-si B around July 17:00, around 2019, the defendant's office located in the defendant's bank account in the name of the defendant Kwikset-si and notified Kwikset-si of the secret number of the above physical card to Kwikset-si's account (D).
As such, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive a loan, and lent it to a person who is named in the name.
Summary of Evidence
1. Partial statement of the defendant;
1. The Defendant asserts to the effect that a remittance statement, account reply data, the Kakao Stockholm dialogue content, and the means of access are not leased in return for consideration.
However, the following circumstances revealed by the evidence duly adopted and examined by this court, i.e., ① the Defendant was declared bankrupt on January 2019 and was unable to obtain a loan from a financial institution; ② the Defendant was informed that his or her address is not legally operated; ② his or her nameless person was given notice to the Defendant; ③ the Defendant requested the Defendant to issue an interest payment card while explaining that the use of his or her account is impossible; ③ the Defendant sent the check card linked to the Defendant’s account to the Defendant’s bank account.