The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (3 million won in penalty) is too unhued and unfair.

2. We examine ex officio the violation of each electronic financial transaction law prior to the judgment on the grounds for ex officio appeal.

The summary of this part of the facts charged is that “On March 14, 2018, the Defendant opened a bank account in the name of B (D) and a company bank account (E) in accordance with the proposal of the non-bruced person who created two accounts after setting up two accounts after setting up himself/herself as his/her director as stated in paragraph (1) of the facts charged in the lower judgment, as in the judgment, at around 102-ro 13, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul., the Defendant transferred the passbook, physical card, and the OTP card connected to each account through Kwikset service articles.”

However, in full view of the following circumstances acknowledged by the records of this case, the evidence submitted by the prosecutor alone does not constitute a transfer of access media as provided by the Electronic Financial Transactions Act, and there is no other evidence to acknowledge this differently. Therefore, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

① The access medium at issue in this part of the facts charged is a medium of access to the account in the name of the so-called old juristic person, which is created through the crime of false entry, such as public electronic records, and false entry and use of electronic records, in collusion with the Defendant.

(2) The Defendant was proposed to establish a floating legal entity, the representative of which is the Defendant, to open an account under the name of the floating legal entity, and to have his/her access media connected to the account available to him/her for loans by accumulating the transaction performance on the face of divers.

The defendant shall have his identification card, seal imprint, etc. necessary for the incorporation of a corporation.