A. The purpose of misunderstanding of facts was to simply send a e-mail card for the purpose of seeking a loan, and there was no intention to avoid the instant crime.

Nevertheless, the court below found the defendant guilty of facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The judgment of the court below on the imposition of an unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination

A. 1) We examine the following circumstances based on the evidence duly adopted and investigated by the court below, namely, ① the Defendant received the Kakao Stockholm message stating that the Defendant would be able to verify the identity of the person who was unable to obtain the loan or to verify whether the Defendant was a normal company that actually able to provide the loan. ② The Defendant was unaware of the identity of the person who was unable to obtain the loan, ② the delivery of the physical card was not known to anyone while sending it, and ③ the lending of access media did not provide any guidance to receive the return at any time and method. ③ The term “loan of access media” refers to the act of temporarily lending another person to use the means of access without managing and supervising the user of the means of access to the electronic financial transaction (see, e.g., Supreme Court Decision 2016Do8957, Aug. 18, 2017; the circumstance that the Defendant claimed “the purpose of lending” was the Defendant’s promise to lend the means of access; and thus, the Defendant’s statement to the investigative agency is acceptable.