전자금융거래법위반
The prosecutor's appeal is dismissed.
1. Although the defendant led to the confession of the facts charged in this case, the court below, without clarifying the facts through Defendant’s newspaper, etc. as to whether the defendant lent the access media at the time of this case, sentenced the defendant to a crime in a timely manner. The court below erred by misapprehending the facts beyond the bounds of the principle of free evaluation of evidence.
2. The summary of the facts charged of the instant case is prohibited from lending or lending an access medium while requiring or promising the use or management of the access medium.
On August 8, 2017, the Defendant borrowed the head of the Tong with the necessity of the head of the Tong to evade taxes on exporting the vehicle to a foreign country from a person who is in the name of the defendant's house located in the Sinsung City B.
“On the proposal of the head of the Tong, received KRW 200,000 in return for the lending of the head of the Tong, and sent the passbook (Account Number C), identification card, a certified copy of the resident registration card to Kakaox, which is an access medium under the name of the defendant to the name of the deceased.
3. Determination
A. The purpose of the Electronic Financial Transactions Act (hereinafter “Act”) is to ensure the reliability of the performance of an electronic financial transaction by clarifying the legal relationship of the electronic financial transaction (Article 1); “The act of lending an access medium while demanding or promising to receive, demand or promise the payment” (Article 6(3)2); and any person who lends a access medium in violation of Article 49(4)2 is punished (Article 49(4) of the Act). Here, “Access medium” refers to an electronic card and other electronic information (a) used to give instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details, and electronic signature creation information under Article 2 subparag. 4 of the Electronic Signature Act and certification under subparagraph 7 of the same Article 2 of the same Act [b] registered with a financial company or an electronic financial business entity.