A. misunderstanding of facts or misunderstanding of legal principles is merely a physical card to obtain a loan from a lender merely, and it does not lend the physical card in return for the consideration of pecuniary profits, etc.

B. Sentencing of the lower court: Fine of 3 million won

2. Determination

A. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act to determine erroneous determination or misapprehension of legal principles means lending a means of access so that another person may temporarily use the means of access without managing or supervising the user of the means of access when receiving, demanding or promising to receive compensation.

(See Supreme Court Decision 2016Do8957 Decided August 18, 2017. In addition, “price” refers to an economic benefit corresponding to the lending of a means of access. In a case where, in promising a defendant to obtain an opportunity to obtain a loan, the defendant temporarily lent the means of access to allow another person to use the means of access without managing and supervising the user of the means of access, the defendant’s opportunity to obtain a loan even in a situation in which it is difficult for the defendant to obtain a loan by normal means, there is room to view that there is a relationship corresponding to the lending

(See Supreme Court Decision 2017Do16946 Decided June 27, 2019). In light of the evidence duly adopted and examined by the lower court, the following facts can be acknowledged.

① On February 21, 2019, when the Defendant was in a situation where it is difficult to obtain a loan from B bank due to bad credit standing, he/she is obliged to repeat the entry and withdrawal of the B bank’s money into and out of the bank by misrepresenting B bank’s agent around February 21, 2019, and hear the words that he/she send a e-mail card, thereby enhancing credit rating, and then, e-mail card linked to the B bank’s account in his/her name.