The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) As to the violation of the Electronic Financial Transactions Act, the Defendant is only a person who has obtained the e-mail card by deceiving the e-mail in the name of a person who has not been killed.

2) As to the embezzlement, as the Defendant thought that the Defendant was paid to the Defendant as a case of lending the account, and used the damaged money as indicated in the judgment, there is no intention to commit embezzlement against the Defendant.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake as to the violation of the Electronic Financial Transactions Act 1) Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act provide that a person shall not lend a medium of access to electronic financial transactions while demanding or promising the payment, unless otherwise expressly provided for in the foregoing, and shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding twenty million won.

2) According to the evidence duly adopted and examined by the lower court, the Defendant, as a mobile phone, recruited a general account.

The Defendant received the text message of “one million won per page,” and sent the name infinite and infinite, and the Defendant’s name infinite, and the Defendant’s name infinite from the name infinite to “the account is used in connection with the flow of corporate funds” can hear the horses and recognize the fact that he sent the physical card connected to each account under the judgment in the name of the Defendant through Kwikset service article. The above fact of recognition alone, the Defendant promised to receive compensation and lent the access medium used in electronic financial transactions to another person. As such, even if the Defendant acquired the physical card from a person infinite, the Defendant may fully recognize the criminal intent of violating the Electronic Financial Transactions Act, based on the above evidence.