The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (misunderstanding of the legal principles) is that the defendant sent a e-mail card to a person who is not his/her name. However, the defendant's e-mail card in return for the acceptance of the price is not leased. Since the e-mail card sent by the defendant is a e-mail card that cannot be used, the defendant cannot be punished as a violation of the Electronic Financial Transactions

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

2. Determination

A. On September 18, 2019, the summary of the facts charged in the instant case is to lend a loan if the Defendant sent a e-mail card to the personal credit service provider who misrepresented the personal credit service provider, “B”, “B” and sent the said e-mail card.

“In receipt of a proposal to the effect that “, at around 16:00 of the same month, the Defendant’s company located in Dong-gu Incheon Metropolitan City, sent a physical card (E) connected to the Defendant’s bank account in the name of the Defendant at around 19:00 of the same month to the person who was in the name of the Defendant.

In return for the return of the price received, the approach media was lent.

B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence presented in its judgment.

(c)

(1) The former Financial Transactions Act was enacted to clarify the legal relationship of electronic financial transactions to ensure the reliability of the performance of electronic financial transactions (Article 1). “The act of lending an access medium while demanding or promising to pay, demand or promise the payment of, and lending of, the payment (Article 6(3)2).” In violation of Article 49(4)2 of the Electronic Financial Transactions Act, a person who lends an access medium is punished (Article 49(4)2). “Lending of an access medium” under Article 6(3)2 of the Electronic Financial Transactions Act means lending a access medium to another person temporarily use an access medium without managing and supervising the user of the access medium (see Supreme Court Decisions 2016Do8957, Aug. 18, 2017; 27, June 2019).