The defendant shall be innocent.

1. The summary of the facts charged shall not be lent or borrowed while demanding, demanding or promising the payment for the cash card, password, etc. necessary for using the cash card, which is a medium access to electronic financial transactions issued by a financial institution;

Nevertheless, at around 12:00 on December 7, 2017, the Defendant, at the top of the door of the building Daegu-gu building B, Daegu-gu, Dong-gu, providing that “If he sent a e-mail card and notified the password, he will have a loan of KRW 600,000,000,000, and if he fully repaid the loan, he would have reported the loss of the e-mail card to the e-mail card.” The Defendant provided one copy of the e-mail card connected to the C bank D account in the name of the Defendant through Kwikkset’s service articles, and notified the password of the e-mail card by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

2. Article 6(3)2 of the Act on Electronic Financial Transactions prohibits an act of lending an access medium while demanding, demanding or promising compensation. Accordingly, the lending of an access medium subject to punishment ought to be limited to cases where an act of lending an access medium so that another person can use it in electronic financial transactions and demanding the other person to receive any benefit, including property interest, as a value for providing an opportunity to use it.

In addition, in order to determine which person’s lending of an access medium is merely a means to obtain a loan or lending it with dolusent loan, relevant circumstances such as motive and circumstance leading up to the delivery of the access medium, relation between the school and the other party of the school, the number of subordinate-school programs, behavior or circumstance after the school, whether there was an agreement on the subject, amount, interest rate, and method of receiving a loan with respect to loans that have become the motive for the school.