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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles are recognized as a normal loan procedure, and the Defendant only issued a e-mail card, which is an access medium, for computer registration and automatic transfer establishment, and did not lend the approach medium in return for consideration.
Nevertheless, the lower court erred by misapprehending the legal doctrine on the lending of access media or the “price” as prescribed by Article 6(3)2 of the Electronic Financial Transactions Act without fully examining the relationship between the “loan of access media” and the “price,” thereby finding the Defendant guilty of charges.
B. The punishment sentenced by the lower court against the Defendant (the penalty amounting to KRW 1.5 million) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The Defendant, on December 6, 2019, borrowed 250 million won at interest per annum from a written message from the Defendant who misrepresented the “B agency” to the name-free phishing criminal (hereinafter “name-free box”) around December 6, 2019.
Transmission of electronic registration and automatic transfer cards for the establishment of claims;
different types.
“The same month upon receipt of the proposal of “” and acceptance thereof.
9. 12:15 He sent each physical card linked to the D Bank Account (E) and F Bank Account (G) under the name of the Defendant at the exit of 2, 114, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 114, to the above name in the name of Kwikset Service.
Accordingly, the defendant agreed to pay the price and lent the electronic financial transaction access media.
B. The lower court’s determination appears to have been difficult for the Defendant to obtain a loan in a normal way by deeming that the Defendant provided a consultation in response to the text message of an influence, regardless of credit rating, and that the Defendant was able to obtain a loan by establishing a first priority claim through a physical card, which is an access medium, because the Defendant was not a credit loan from an influenced person, and when the loan procedure is completed.