Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of seven million won.

Defendant

B The above fine.

Punishment of the crime

[2019 Highest 2835]

1. On May 2016, Defendant A, who was aware of, and was friendly at the Camp-dong club, proposed that “I will obtain a credit loan under the name of her own credit because her credit standing is not good, and use the loan in installments,” and then I would like to obtain a credit loan under B with the credit card, passbook, etc. necessary for the credit loan from B who consented to this proposal.

Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act may borrow means of access while receiving, demanding or promising to receive compensation therefor.

Nevertheless, around May 2016, the Defendant: (a) opened a passbook connected to the bank account under B (D) in the course of obtaining credit loans in the name of Daegu Si; (b) borrowed KRW 5 million from E (F) using the name of B on the 23th day of the same month; and (c) opened the amount of KRW 2 million among them to B as a consideration for the means of access.

Accordingly, the Defendant paid compensation and received a loan from others.

B. The Defendant, as seen above, had the identification card, passbook, etc. as seen above, had a view to using the loan by offering B’s G building in Daegu-gun, Daegu-gun, No. B, and H as security.

On October 17, 2018, the Defendant: (a) around 18:30 on 17, 2018, at the K coffee shop located in Gyeongcheon-si, Kimcheon-si, and JJ, followed the Defendant’s act as if the Defendant was B; (b) “If the Defendant extended KRW 120,000,000 to the apartment owned by the above B, the Defendant created the right to collateral security; (c) paid the interest of KRW 14% per annum on the apartment owned by the above B; and (d) paid the principal amount of KRW 120,00,000 in the name of B.

However, the defendant is against B.