The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal doctrine and misunderstanding the fact that the Defendant received money as a lending fee, and delivered the e-mail card, but the Defendant did not actually receive the payment, so the Defendant’s act cannot be punished as a violation of Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter the same).

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

2. No person who promises to receive any consideration, shall lend any access medium used for electronic financial transactions to any third person;

Nevertheless, on December 2, 2014, the Defendant received KRW 100,000 per week from a person who was in the name of the deceased, as a lending fee, and issued a copy of the e-mail card connected to the e-mail account (Account Number B) under the name of the Defendant via Kwikset Service Articles, and notified the above person of the e-mail card password by telephone around that time.

Accordingly, the defendant sent a physical bank card and password, which is a medium of access to electronic financial transactions, to a person with no name.

3. The court below found the above facts charged guilty by applying Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act to the above facts charged.

4. Article 6(3)2 of the former Electronic Financial Transactions Act prohibits “a person who lends or lends an access medium in return for a consideration or in return for a consideration.” Article 49(4)2 of the former Electronic Financial Transactions Act punished “a person who lends or lends an access medium in violation of Article 6(3)2,” but the amended Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “Revised Electronic Financial Transactions Act”) provides that “a person who lends or lends an access medium in return for a consideration or in return for a consideration or in return for a promise, or who distributes or lends the access medium by receiving or promising a consideration.”