All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. misunderstanding the legal doctrine (as to the violation of the Electronic Financial Transactions Act), the Defendant’s act does not constitute “transfer of access media” under Article 6(3)1 of the Electronic Financial Transactions Act, since the Defendant merely only provided access media for temporary use in order to obtain a loan, but does not definitely transfer the possibility of exclusive use of access media.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment of the first instance judgment (6 months of imprisonment) and the second instance judgment (4 months of imprisonment) against the illegal defendant is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above appeal cases. Each of the judgment below's offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

On the other hand, the defendant's assertion of misunderstanding the legal principles is still subject to the judgment of this court, and the above provision is changed.

B. Determination as to the misapprehension of legal principles (1) prohibits transfer or acquisition of access media in principle, and Article 6(3)1 of the Electronic Financial Transactions Act provides that “Any person who transfers or acquires access media in violation of Article 6(3) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won.” As such, the term “transfer” under the Electronic Financial Transactions Act should not be deemed as simply lending or allowing temporary use of access media.