beta
Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person may lend a means of access while receiving, demanding or promising any consideration.
On November 19, 2019, the Defendant sent a text message that gave a loan to KRW 30 million, and then sent a physical card (the “B team leader”) to pay principal and interest. At around 14:40 on the same day, the Defendant sent a copy of the physical card connected to the Defendant’s name bank account at the post office located at Kim Sea-dong, Kim Jong-si, which was located at the 14:40 on the same day, to the non-resident, and notified the password of the said physical card using the Kakao Stockholm.
As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. Judgment on the assertion by the Defendant and the defense counsel regarding the authenticity, transfer specifications, transaction statement, and transaction statement
1. The alleged defendant delivered a physical card to his/her name-free persons, such as facts constituting a crime.
However, it is difficult for the Defendant to regard the Defendant’s act as “the lending of the means of access to a financial institution by promising the Defendant’s act in return for an intangible expected profit that can receive a loan,” as “the lending of the means of access to the financial institution,” because the Defendant merely heard the horses and sent a physical card.”
2. According to the evidence of the judgment, the defendant was aware that the loan transaction with the name-free person was an illegal transaction. ② The defendant seems to have been sufficiently aware of the fact that it was experienced in obtaining loans from financial institutions, etc. several times, and that it is not necessary to pay interest since the head of an insurance company is a branch office, and ③ the defendant has not yet received the loan at the time when he sent the name-free person with the check card.