A. The Defendant, on October 21, 2019, issued three physical cards upon receipt of a proposal to send a false transaction record as he/she needs to keep a false transaction record instead of doing a loan from a person who assumes a false name for a lending business operator. The Defendant, even without the awareness that he/she participated in Bosing, knew that his/her physical card could be used for fraud through work loan to a financial institution.

Therefore, although the defendant could be deemed to have lent the means of access even though he could have known that he had been used in the crime, the court below found the defendant not guilty of this part of the facts charged.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too uneased and unreasonable.

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

A. In using and managing the means of access to electronic financial transactions, no person may borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on October 21, 2019, the Defendant received a proposal that “a loan of KRW 1.50,000 won is possible. It is necessary to secure a false transaction performance and to send a physical card under his name.” On the same day, the Defendant sent a physical card connected to the Cbank account (D) account in the name of the Defendant in front of the Defendant’s residence in the Chang-si counter B, and delivers Kwikset service articles with one physical card connected to the Cbank account in the name of the Defendant in front of the Defendant’s residence in the Chang-si counter B, and then delivers one physical card connected to the G Bank account in the name of the Defendant in front of Kimhae-si on the following day to Kwikset service articles.