The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal: Sentencing (the sentence of the lower court: a fine of two million won);

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

In the trial, the prosecutor stated the first instance of the facts charged in the instant case as follows: “No one shall promise to make a compensation and lend the physical card, etc., which is the means of electronic financial transactions to any other person;” the seventh instance, as follows: “A defendant has promised to make a compensation and lent the means of access to electronic financial transactions to any other person;” the applicable provisions of this case to “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act” respectively; and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after pleading.

[C] Criminal facts and the summary of evidence acknowledged by this court are criminal facts of the judgment below. The summary of the facts constituting the crime of the court below and the summary of evidence is as follows: "No one shall promise to pay for and lend physical cards, etc. which are the means of access to electronic financial transactions to any other person;" and the 7.............................., except that the court below made a promise to pay for and lent to any other person

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. In the case of lending the means of access under Articles 40 and 50 of the Commercial Concurrent Criminal Act (i.e., the violation of the Electronic Financial Transactions Act regarding the means of access), the crime of violating the Electronic Financial Transactions Act by each means of access is established, and several acts