beta
Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. No person who outlines the facts charged shall lend any access medium with the knowledge that such medium is to be used for a crime or to be used for such crime;
Nevertheless, on July 15, 2017, the Defendant sent a e-mail card to pay the principal and interest of the subject to the loan from a person who has no name to the name of the Defendant.
“Ch.” He heard the horses and thought that the above e-mail card may be used for the commission of the crime, such as fraud, but the same month is difficult at the same time that the actual loan may be possible.
7. At around 15:00, at around 15:00, in a method of sending a fluence to a door-to-door line, a physical card connected to the D bank account (Account Number: E) under the name of the Defendant, with a camera attached to the back of the card and instead sending it to the door-to-door line.
2. The summary of the Defendant’s and his defense counsel’s assertion is merely a delivery of a physical card by means of payment of principal and interest, and thus, the above act did not constitute a “loan” in the access medium, and as such, the above physical card was not anticipated to be abused for crime, there was no intention since it was not expected that the above physical card would be abused for crime.
3. Determination
A. “Lending of access media” under the Electronic Financial Transactions Act refers to the act of temporarily lending access media to another person to conduct electronic financial transactions by temporarily using access media without managing and supervising the users of access media (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017). According to the evidence duly adopted and examined by this court, the Defendant would lend KRW 7 million to the lender’s account and withdraw the principal and interest from the D bank account using the e-mail card when sending the connected e-mail card from the person who misrepresented the borrower’s employees on July 15, 2017.
“On July 21, 2017, upon communication to the effect that “the instant account” was opened a bank account as indicated in the instant facts charged (hereinafter “instant account”).