The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The petition of appeal submitted to the lower court on May 31, 2017 by the Defendant’s defense counsel at the lower court stated that “a person files an appeal on the grounds of misunderstanding of legal principles or unreasonable sentencing,” and thereafter, the Defendant did not submit a written reason for appeal. However, even though the Defendant did not appear to have presented a written reason for appeal, it should be determined on the ground that the Defendant alleged in the lower court’s argument at the trial

The defendant issued a physical card and password to D in order to obtain a loan to use it temporarily, and it does not definitely transfer the ownership or right to dispose of the above access medium.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of legal principles and affected the conclusion of judgment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion of misapprehension of the relevant legal doctrine: (a) Article 49(4)1 of the Electronic Financial Transactions Act punishs the transfer or acquisition of access media in violation of Article 6(3)1 of the Act; (b) where an access medium, such as deposit passbook, cash card, and password, is delivered in the speech that granting a loan, it is nothing more than entrusting the temporary use of the access medium, the said provision does not constitute “transfer” of the access medium under Article 6(3)1 of the Act.

However, in consideration of the fact that the Electronic Financial Transaction Act is one of the legislative purposes to ensure the reliability of the transaction performance by clarifying the legal relationship of the electronic financial transaction, there was an agreement on the motive and background leading up to the issuance of access media, the relation between the school and the other party of the school, the number of access media, the behavior and circumstances after the school division, the subject, amount, interest rate, and the method of receiving loans.