The defendant shall be innocent.

(a) No person charged may lend any means of electronic financial transactions in return for payment to any other person;

Nevertheless, around November 6, 2013, the defendant received a mobile phone text message that he would give five million won in return if he/she lends the passbook from a person who has no name, and then lent the cash card under the name of the defendant issued by the existing community credit cooperatives (Account Number: C) through Kwikset service to a person who has no name, while informing him/her of the card password.

Accordingly, the Defendant lent the cash card and the password necessary to use the cash card, which is the means of electronic financial transactions, respectively.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the Defendant’s legal statement, the police interrogation protocol against the Defendant, the investigation intelligence report, and the investigation report (hereinafter “investigation Report”), and sentenced the Defendant to a fine of KRW 3,00,000.

2. The summary of the Defendant’s grounds for appeal is that the Defendant issued the cash card and password of the passbook under the name of the Defendant at the end of his false statement, but did not receive any consideration, and thus, the Defendant’s act does not constitute “loan of access media” under Article 49(4)2 of the Electronic Financial Transactions Act, but the lower court convicted the Defendant of the charges in this case. In so doing, the lower court erred by misapprehending the legal doctrine, which affected

3. Article 49(4)2 of the Electronic Financial Transactions Act provides that “any person who borrows or lends a means of access in violation of Article 6(3)2” shall be punished, and Article 6(3)2 of the same Act prohibits, in principle, “the act of lending or lending a means of access with compensation.”