The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The grounds for appeal (based on factual errors, misunderstanding of legal principles) inasmuch as the Defendant lent a e-mail card to a person who is not his/her name in order to obtain a loan, this constitutes the act of lending a means of access, in return for an intangible expected benefit of future loans, by promising the e-mail card and password to be transferred.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.

2. In the appellate court’s ex officio determination, the prosecutor applied for amendments to Bill of Indictment with the deletion of the part of the facts charged that “I know that the above card is used for an offense, such as illegal loans,” and the appellate court permitted this and changed the subject of the judgment.

Therefore, the judgment of the court below is a cause for ex officio reversal.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, as the grounds for ex officio reversal as seen earlier, and it is again decided as follows.

[Grounds for the judgment of multiple times] The defendant of criminal facts in the Changwon District Court on July 4, 2017 is under suspension of execution for one year after being sentenced to three years of suspension of execution on July 12 of the same month.

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On March 20, 2018, the Defendant received text messages from a person who was named as an employee of a lending company of himself/herself on the same day without credit inquiry, and received text messages stating that “The Defendant is likely to have an urgent fund assistance without redemption commission.” On or around the 21st day of the same month, the Defendant visited the above person under his/her name and contacted him/her with the foregoing name, and “the Defendant is required to obtain a loan, e.g., the check for repayment of interest is necessary, and e., the check card is not sent.