The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds of appeal is that the Defendant only delivered a e-mail card as a means of obtaining a loan by deceiving the name in the speech of the unclaimed person, that it is necessary to raise the transaction performance in order to obtain a loan, and even though there was no intention to transfer the access medium, the lower court convicted the Defendant of the facts charged in this case by misapprehending the legal principles and misapprehending the legal principles.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor applied for permission to amend the Bill of Indictment to the effect that the facts charged against the Defendant was modified as stated in the following facts charged at the time of the trial. Since the subject of the judgment was changed by this court’s permission, the judgment below was no longer maintained.

However, even if there are the above reasons for reversal of authority, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of this court, and the following changes are examined.

3. According to the circumstances revealed by the lower court’s judgment as to the Defendant’s assertion and the evidence duly adopted and examined by the lower court, the Defendant may recognize the fact that he/she delivered a physical check to his/her name-free persons by via Kwikset Service without clearly verifying the name-free person’s identity or affiliation, etc., which is delivered by the Defendant, and without specifying the method or timing of future recovery of the physical card, without specifying the name-free person’s identity, etc., and thus, it can be acknowledged that the Defendant had an intention to transfer the access medium

The defendant's assertion that the judgment below erred by misunderstanding the facts and misunderstanding the legal principles is without merit.

4. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is so decided as follows.