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(영문) 서울남부지방법원 2019.09.20 2018노1339
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are merely a fact that the Defendant believed that a person who misrepresented himself/herself was aware of credit rating to make a loan and provided a means of access to make a transaction.

Therefore, there is no value, and such defendant's act cannot be evaluated as a means of access as lending.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The legal doctrine of the Electronic Financial Transactions Act was enacted to clarify the legal relationship of electronic financial transactions to ensure the security and reliability of electronic financial transactions (Article 1). “The act of lending a means of access in the course of receiving, demanding or promising the payment” is prohibited (Article 6(3)2), and the person who lends a means of access is punished in violation of such provision.

(Article 49(4)2) “Lending of a means of access” under Article 6(3)2 of the said Act refers to the act of lending a means of access so that another person may temporarily use the means of access without managing and supervising the user of the means of access while receiving, demanding or promising to receive compensation (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017); and “price” refers to the economic benefit corresponding to the lending of the means of access.

(See Supreme Court Decision 2017Do16946 Decided June 27, 2019). B.

Facts of recognition

According to the evidence duly admitted and examined by the court below, the following facts are recognized:

(1) As to the circumstances under which the Defendant sent the means of access, the following are different.

"The defendant was called K with a person in charge of B Bank after receiving a letter and telephone that the defendant had made a loan from January 11 to December 12, 2018.

The above person in charge shall have a financial transaction record of 100 to 20 million won on the grounds of the defendant's credit, and their performance shall be achieved by the head of the Tong.

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