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(영문) 대구지방법원 2021.01.29 2020노3978

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the case of misunderstanding of facts or misunderstanding of legal principles (violation of the Electronic Financial Transactions Act) (hereinafter referred to as the “Electronic Financial Transactions Act”) a violation of the Electronic Financial Transactions Act (hereinafter referred to as the “Electronic Financial Transactions Act”), the Defendant: (a) was aware of the credit standing; (b) considered the Defendant to have known of the credit standing; and (c) sent a personal identification card to the name in the process of lending; and (d) considered the Defendant’s account to have known of the personal identification number; and (b) subsequently, 6 million won was remitted to the Defendant’s account and immediately withdrawn from the Defendant’s account for only one hour; and (c) suspended the use of the

As such, the Defendant only delivered the check to obtain a loan, but the nameless person was never aware that he was using the Defendant’s check for other purposes, and there was no intention for the nameless person to use the Defendant’s check.

Therefore, although it cannot be said that the defendant lent an access medium to acquire intangible profits that can obtain a loan, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (one year and six months of imprisonment and one million won of fine) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

(a) The summary of the facts charged (the violation of the Electronic Financial Transactions Act) No person of the 2020 higher group 160 shall lend a medium of access to electronic financial transactions with the promise of compensation;

Nevertheless, the Defendant would lend KRW 10 million to a person who was unable to know his name on October 2019.

4 The interest rate is 36% because it is a financial loan, and more than 24% is legally problematic, and it is sent a new check to repay the loan.

(B) “A proposal to the effect that it was received and consented, and thereafter, a head of the Cze Card connected to the F Bank Account (G) in the name of the Defendant in front of the same building in Daegu-gu, Daegu-gu.