The defendant's appeal is dismissed.

1. Progress of litigation;

A. A. Around June 8, 2016, the summary of the facts charged: (a) the Defendant agreed to obtain a loan of KRW 3 million from a nameless person before the Defendant’s house located in Ischeon-si B; and (b) sent the physical card connected to the bank account in the name of the Defendant, the means of electronic financial transactions, using Kwikset’s services.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

B. The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of KRW 3 million on the grounds that there exists a quid pro quo relationship between the Defendant’s provision of the means of access to the other party and the receipt of an opportunity to obtain a loan from the other party, and that it cannot be deemed that the means of access cannot be provided as a means for repayment of loan examination data or loan interest.

C. The Defendant appealed against the judgment below on the ground of erroneous determination of facts, misunderstanding of legal principles, and unreasonable sentencing. Prior to remanding, the court below reversed the judgment of the court below and acquitted the Defendant on the ground that “The submitted evidence alone is difficult to readily conclude that the Defendant transferred the right to use the Defendant’s account to the other party for the purpose of obtaining an opportunity to obtain a loan, and there is insufficient evidence to acknowledge this differently. Therefore, the court below’s judgment that there was a quid pro quo relationship between the Defendant and the receipt of an opportunity

The prosecutor of the judgment of remand appealed the judgment of the court below on the grounds of legal principles.

The judgment of remanding is to allow any other person to temporarily use a means of access without managing and supervising the user of the means of access while promising to obtain a loan opportunity.