The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. According to the evidence submitted by the prosecutor of mistake of facts or misunderstanding of legal principles, the court below erred by misunderstanding of facts or misunderstanding of legal principles since the defendant was promised to receive a loan in a situation in which it is difficult for him to obtain the loan by normal means, and the opportunity to obtain the loan is a quid pro quo relationship with the lending of the means of access.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. In using and managing a means of access (not guilty portion of the original judgment), no person shall borrow or borrow a means of access while demanding or promising to receive compensation, as otherwise provided for in any other Act;

Nevertheless, on March 27, 2019, the Defendant would lend KRW 8 million to a person who assumes the false name of L company M.

The interest for the three-month period was received directly by using the physical card and consented to it, and at around 21:00 of the same day, the Ckwikset had sent one physical card connected to the account of the Defendant under the name of the Defendant to the above sub-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-go.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

3. Determination

A. The judgment of the court below (1) While the Defendant was aware of the loan, the Defendant received text messages for loan advertisement and received the loan, and sought the loan. The above “M” demanded the Defendant to send identification card copies, resident registration certificates, the front of the passbook, and the three-month deposit and withdrawal transaction details to the Defendant, and the Defendant to pay interest up to three months.