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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant issued a personal check to his/her name in order to pay his/her initial interest for three months, and that the Defendant did not deliver a personal check to his/her name in return for the promise to obtain a loan, and thus does not lend the means of access.
Nevertheless, the court below recognized this and erred by misunderstanding the facts and misunderstanding the legal principles that found the defendant guilty.
2. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act means lending a means of access to a third party temporarily without managing or supervising the user of the means of access when receiving, demanding or promising the third party to receive or promise to receive compensation, and “price” refers to economic benefits in relation to the lending of the means of access.
(See Supreme Court Decision 2017Do16946 Decided June 27, 2019). The following circumstances acknowledged by the evidence duly admitted and duly examined by the court of original judgment, namely, it is acknowledged that the non-member of the name card made it necessary to pay interest, as alleged by the defendant, but the non-member of the name card demanded the defendant on March 29, 2019 that "the loans have been provisionally approved, and the physical card is being sent to him/her." However, the non-member of the name card demanded the defendant to send the physical card prior to the loan execution, stating that "the loans have been sent, and the physical card is being sent to him/her," and it is difficult to confirm the physical card only by making the physical card only five weeks prior to the lack of time due to the omission of the defendant.
In case of sending a e-mail card on a daily day, the e-mail shall be loaned on a commercial day.
In light of the fact that the Defendant promoted to make a physical card while speaking, and that on March 29, 2019, the Defendant was aware that he was able to receive a loan only by sending the physical card to his name in return for sending it to his name in return for using Kwikset Service prior to the execution of the loan.