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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts is necessary for the lending of loans to a person who is an employee of the lending company, and Kwikwikset Service Articles only put a physical card into a dry line and a password. Therefore, the Defendant was damaged by fraud, not intentionally, but did not lend the means of access.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. In determining the assertion of mistake of facts, “loan of access media” refers to the act of lending the means of access to any other person temporarily without managing and supervising the user of the means of access, in receiving, demanding or promising to receive compensation, so that he/she can conduct electronic financial transactions by using the means of access without managing and supervising the user (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017). According to the evidence duly adopted and examined by the lower court, the Defendant sent a check card in order to obtain a loan from a person who assumes the name of “C” from a person who assumes the name of “C,” but is able to obtain a loan at least 3% per month, but to receive a loan. To receive a loan, the fact that he/she purchased the check card, etc. may be recognized.
The defendant also acknowledged the above facts, but he argues that he was only the victim of fraud because he made a false statement that he would give a loan to the person who has not received the above name.
However, even according to the defendant's statement, it is clear that a person who misrepresented as an employee of the lending company has opened a physical card, a means of access, so that he/she can conduct electronic financial transactions, such as the payment of loans and the payment of interest by using the physical card without managing and supervising the defendant, and the defendant has opened a physical card for his/her own interest.