The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the lower court acquitted the Defendant of the instant facts charged despite the Defendant’s intention to lend the means of access.

The court below erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment.

2. Determination

A. On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that the evidence alone presented by the prosecutor cannot be deemed as having been proven to the extent that there is no reasonable doubt that “the Defendant allowed another person to freely conduct electronic financial transactions using the means of access.”

B. 1) The relevant legal doctrine’s legislative purpose is to ensure the safety and reliability of the transaction by clarifying the legal relationship of the electronic financial transaction (see, e.g., Supreme Court Decision 1). In light of the objective purpose of determining the relevant circumstances, such as the motive and circumstance leading up to the delivery of the means of access, relationship with the delivery counterpart, the number of means of access issued, behavior or circumstances after the delivery, whether there was an agreement on the subject, amount, interest rate, and method of receiving the loan with respect to the loan that became the motive for the delivery of the means of access, and whether there was an agreement on the relevant subject, amount, interest rate, and method of receiving the loan, if it can be deemed that the delivery of the means of access constitutes the transfer of the means of access as referred to in Article 6(3)1 of the Electronic Financial Transaction Act and that there was an intention on such transaction.

In such cases, whether the delivery of the means of access is merely a mere delegation of the temporary use of the means of access or the transfer of the means of access is comprehensively considered.