Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

그럼에도 불구하고 피고인은 2018. 11. 28. 성명불상의 대부업체 직원과 전화 통화로 “1,000만 원까지 대출을 내주겠다. 그런데 당시의 신용 실적이 좋지 않아서 체크카드를 보내주면 우리 회사 돈으로 입출금을 반복하는 방법을 통해 대출을 해주겠다.”라는 말을 듣고, 2018. 11. 29. 15:00경 충주시 B아파트 입구에서 성명불상의 남자에게 피고인 명의의 하나은행 계좌(C)에 연결된 체크카드 1매를 건넸다.

Accordingly, the Defendant promised to contribute to an intangible expectation of receiving future loans, and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Determination on the Defendant and his/her defense counsel’s assertion

1. The defendant and his defense counsel asserted that the defendant and his defense counsel only delegated the management and use of the physical card to obtain the loan, and they do not lend the physical card in return for the payment, but did not intend it.

2. Determination

A. “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 to receive, or promise to provide compensation, to allow the third party to use the means of access without managing or supervising the user of the means of access. “Price” refers to economic benefits in relation to the lending of

(see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019). “Price” under Article 6(3)2 of the Electronic Financial Transactions Act is not only money, goods, and other property interests, but also all the people’s demand and desire are satisfied.