The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant: (a) opened a bank account and sent a check card from the female “N,” who pretended to the loan counselor, to enable the loan to be executed by accumulating the results of the deposit and withdrawal transaction; (b) thereby, he would make the loan available after accumulating the transaction performance for a week.

“The Defendant’s act was delegated to temporarily use an access medium for loan, and does not constitute a “transfer of access medium” under Article 49(4)1 of the Electronic Financial Transactions Act, and there is a criminal intent that the Defendant “transfer access medium” is a “transfer of access medium” at the time of the act.

Even though it is difficult to see it, the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment) is excessively unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and legal principles: (i) the Defendant was issued a physical card when opening a deposit account (C; hereinafter “instant account”) at the point of Han Bank error Dong (hereinafter “instant account”) around March 9, 2015; (ii) around March 10, 2015, around 18:46, the next day deposited KRW 6 million from the O Nong Bank in the instant account; (v) the amount of KRW 5.99 million was released on six occasions on the same day; and (v) around March 10:35, 2015, the amount of KRW 500,000 from D’s regional reduction account was deposited on March 10, 2015; and (iii) the Defendant’s phone number was difficult to issue the instant account from around 30:35,2015 to the date of receipt of the instant card.