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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.
Nevertheless, around January 17, 2019, the Defendant listened to the horses that “the Defendant sent a e-mail card in the way of withdrawing interest on the direct loan” from the name-free beneficiary, and then delivered the e-mail card to the name-free beneficiary through Kwikset Service Officer, who is linked to the bank account (Account Number B) in the name of the Defendant who can conduct electronic financial transactions in the vicinity of the Young-gu Source Port-dong, Suwon-si.
As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. The Defendant’s partial statement argues that the Defendant was aware that only for the withdrawal of interest. However, considering the following circumstances revealed by the evidence duly adopted and investigated by the court, it is reasonable to view that the Defendant, at the time, was aware that the Defendant had difficulty in granting a normal loan due to the process of personal rehabilitation, etc., unlike the company that received a normal loan, was aware that the lending method was different, such as demanding the account number, check card, etc., unlike the company that received a normal loan, and the police stated that “((the principal and interest of the loan would have been received) was sent for the purpose of security and believed that it was sent for the purpose of security,” and that the Defendant did not submit the detailed conversation with the lending company.
The above assertion is not accepted.
1. C’s petition;
1. Application of Acts and subordinate statutes concerning specification of transactions;
1. The pertinent Article of criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 1065, May 19, 2020).