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.

1. According to the summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles), the court below acquitted the Defendant of the facts charged in this case, although the court below committed an act of misunderstanding the facts or misapprehending the legal principles on the lending of access media and the recognition of the outcome thereof under the Electronic Financial Transactions Act, which affected the conclusion of the judgment, by misunderstanding the fact, or misunderstanding the legal principles on the lending of access media and the recognition of the outcome thereof under the Electronic Financial Transactions Act.

2. Determination

A. Except as otherwise expressly provided for in other Acts, no person of the facts charged of the instant case may borrow or lend any access medium, or store, deliver, or distribute any access medium, in using or managing the access medium.

Nevertheless, the defendant, on September 2019, borrowed 60 million won from a person who misrepresented him/her in his/her name in a place where he/she was not a policeman, and the head of the Tong and the password necessary for his/her work is required.

Around September 10, 2019, after receiving the proposal of “,” and accepting it, at the Ycheon-si post office located in 1088, Seocheon-si, Seocheon-si, Seocheon-si, a one head of a Tong connected to the account (B) in the name of the defendant in the name of the defendant.

Accordingly, the Defendant promised to receive intangible expected benefits for future loans and lent the approach media to the Defendant.

B. The lower court rendered a judgment that acquitted the Defendant on the grounds that the facts charged in the instant case constituted a case where there is no proof of criminal facts for the following reasons.

The delivery of an access medium is more than a means for lending, so that other persons can arbitrarily conduct electronic financial transactions using the access medium in return for the lending.