"If you are asked to submit a check card as a loan condition?"

He can't overcome the need for his pockets and inadvertently meet these demands and become a criminal.

This is because the Electronic Financial Transactions Act imposes imprisonment for not more than three years or a fine of not more than 20 million won if you lend an electronic financial transaction access medium such as a check card while promising to receive or receive a price.

Office worker A (59), who lives in Cheongju, visited an illegal lender on April 5, last year, when he needed money, but normal loans became difficult.

An official from the company told Mr. A, "We are not a legitimate lender, so if you send us a check card to recover the principal and interest, we will lend it."

After accepting this, Mr. A received a new check card from the financial institution four days later and delivered it to the company.

However, Mr. A was tried instead of lending, as his check card was used for other crimes.

Judge Sung-Woo Jeon, the sole criminal detective of the Cheongju District Court, said today (29th) that he was sentenced to six years in jail for two years in prison and 80 hours of social service to A, charged with violation of the Electronic Financial Transactions Act.

"The transfer of the check card is a violation that infringes on the safety and reliability of electronic financial transactions, so there is a great possibility that it will be used as a secondary crime tool such as voice phishing, so punishment is inevitable even if there is no economic benefit from the crime." I judged it.

The Supreme Court precedent also puts weight on punishment for acts that are in exchange for deception, even if the act of transferring a check card is deceiving.

Supreme Court Section 3 (Judge Kim Jae-hyung) broke the centrifugal conviction of Mr. B (25), who was accused of violating the Electronic Financial Transactions Act in July last year, and sent the case back to the Suwon District Court Criminal Court for conviction. .

Mr. B was accused of lending a check card in his name to an unnamed deceived by being told to lend 3 million won in 2016.

The check card was found to have been used in crimes by financial frauds that caused tens of millions of won.

The first trial sentenced him to a fine of 3 million won, saying, "The reward relationship between borrowing a check card to use it and getting a chance to get a loan is recognized," and the second trial judged Mr. B to be deceived and judged innocent.

However, the Supreme Court ruled that the first instance judgment was correct, saying, "The act of promising to be paid and lending a check card is also prohibited by the Electronic Financial Transactions Act."

In some cases, people may be convicted of the fact that the check card was given no cost.

C (30), who lives in Asan, Chungnam, was handed over to the court on March 11 last year for allegedly borrowing 8 million won from an unnamed winner.

Mr. C stated, "When I repaid my loan after six months, I sent a check card because it was necessary to withdraw principal and interest."

In this case, the chief judge of Cheongju District Court, Criminal Division 1, male prosecutor, said, "The granting of the defendant's check card is only a means of facilitating the follow-up of the loan. "It's hard to say that is in a response relationship."

However, there remains room for the prosecution's judgment to disagree and appeal to the ruling.

(Photo = Yonhap News)