The defendant shall be innocent.

1. Around May 11, 2018, the Defendant sent a e-mail card to a person without a name, via C, before the Defendant’s residence located in the e-mail B, and promised to obtain a loan equivalent to KRW 10 million. The Defendant sent the e-mail card and the e-mail card connected to the D bank account in the name of the Defendant to C, and then sent the above e-mail card and the e-mail card to the above e-mailer via Kwikset service article.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

2. Determination

A. The meaning of lending an access medium (1) Article 49(4)2 of the Electronic Financial Transactions Act provides that a person who borrows, lends, or keeps, delivers, or distributes access media in violation of Article 6(3)2 or 3 of the Act shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won, and Article 6(3)2 of the Act provides that a person shall not receive, demand, or promise to receive, lend, or keep, deliver, or distribute access media unless otherwise expressly provided for in any other Act.

② “Lending of access media” under the aforementioned legal provision refers to the act of lending access media to another person temporarily using access media without managing or supervising the user of the access media while demanding, demanding, or promising to receive compensation (see Supreme Court Decision 2016Do8957, Aug. 18, 2017). (3) Therefore, “a lending of access media” should be distinguishable not only from “a transfer of access media (referring to the transfer of ownership or right to dispose of the access media upon the intention of the transferor)” but also from “a delegation for temporary use” under Articles 49(4)1 and 6(3)1.