A. Under the recognition of the delivery of loan-related documents, the Defendant merely delivered a physical card at a service level, and the Defendant did not have awareness and intent to commit a crime that constitutes a constituent element, i.e., the delivery of the means of access itself and the recognition of the promise to pay for the delivery of the means of access.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The sentence imposed by the lower court (two years of imprisonment with labor for April suspension, two years of community service order, 40 hours of community service order) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail on the argument of the defendant under the title of "judgment on the argument of the defendant and his defense counsel" in the judgment of the court below on the ground of mistake of facts and misapprehension of legal principles. The court below stated the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant's deposit of money to the K's account at the time of preparing the documents for delivery of the defendant to the other person in order to avoid tax tracking, and requested the K to pay the money in cash and pay interest. At that time, the defendant made a statement that there was several more copies of the check that he received from the other person (Evidence No. 10, No. 11 of evidence record), the defendant specifically explained that he received the check card to the person who wants to obtain the loan to the lender, and the defendant received the loan from C's instructions. < Amended by Presidential Decree No. 20680, Feb. 2, 2007>