Defendant

Defendant

He/she shall be in his/her capacity to file a prosecution, and he/she shall hold a public trial.

Attorney Lee Ho-ho

Suwon District Court Decision 2016Ra1470 Decided March 31, 2017

The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles

The defendant only issued a check card to automatically transfer the loan examination and the repayment of the loan by deceiving the lender who was the most bad name, and it does not lend the check to the lender to use the check card for his/her own interest.

B. Unreasonable sentencing

The punishment of the lower court (a fine of three million won) is too unreasonable.

2. Summary of the facts charged

Around June 8, 2016, the Defendant agreed to borrow KRW 3 million from his name-free person before the Defendant’s house located in Ischeon-si ( Address omitted), and sent the physical card linked to the new bank account (Account Number omitted) in the name of the Defendant, the means of electronic financial transactions, using Kwikset service, to the name-free person.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

3. Judgment on misconception of facts and misapprehension of legal principles

A. The judgment of the court below

Based on evidence duly adopted and examined, the lower court determined that: (a) the Defendant only sent a physical card to the other party by any means of electronic financial transaction, on June 2016; (b) the Defendant was aware that he/she was unable to obtain a loan from his/her new bank as stated in the facts charged, regardless of the fact that he/she could not obtain a loan from the other party, on the ground that (c) the Defendant was aware that he/she did not obtain a loan from his/her new bank through the Internet bank following the date on which he/she sent the clock card; and (d) the Defendant was aware that he/she was unable to obtain a loan from his/her new bank, and that he/she could not obtain a loan from his/her new bank for the purpose of using the clock card, without considering the fact that he/she received a resident registration certificate, copy of passbook, identification card copy, and clock card through Kwikkkset; and (d) the Defendant was aware that he/she did not obtain a loan from the other party.

B. Judgment of the court below

However, in addition to the above facts acknowledged by evidence duly adopted and investigated by the court below, i.e., (i) the defendant issued a physical card to loan examination and repayment of loan funds, and informed the account password to the police station. Since it was known that account transactions were suspended during the process of loaning, the police visited the police station, and then returned to the house by promising to contact after the loan." (ii) Examining the telephone conversations between the defendant and the person who was the non-indicted, the defendant was the non-indicted, the defendant was unable to know the password of the account number of the defendant to establish automatic transfer, and it appears that it was difficult for the defendant to obtain the defendant's right to use the credit card for a personal purpose, and the defendant's allegation that it was necessary to obtain a false opportunity to use the credit card from the non-indicted, which was issued by the non-indicted 1 to the non-indicted 26th day of February 12, 2014.

4. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the appeal by the defendant is well-grounded, and the following decision is rendered after pleading.

The summary of the facts charged against the defendant is as stated in Paragraph 2, and as stated in Paragraph 3.B., since the facts charged constitute a case where there is no proof of a crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence against the defendant under the proviso of Article 58(2) of the Criminal Act

Judges Ha Sung-won (Presiding Judge) Kim Jong-sung