The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is not guilty of violating the Electronic Financial Transactions Act, since he knows detailed circumstances and transfers a passbook and a e-mail card to a person who is unaware of his name.

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

2. Determination

A. First of all, the judgment of the court below on the assertion of mistake of facts was made, and the defendant was found to have committed a mistake in the court of the court below, and even though he knew of detailed circumstances in the court of the court below, the fact that the defendant transferred the means of access to electronic financial transactions, such as passbook and physical card, to a person who has suffered no name, is sufficiently supported according to the evidence duly adopted and investigated by the court below.

On the other hand, the defendant at the time of trial re-appealed to the purport that "the defendant has no criminal intent to commit a violation of the Electronic Financial Transactions Act because he/she knew of his/her own circumstances and transfers his/her passbook and check card to his/her name to another person." However, as long as he/she clearly recognizes that he/she transfers his/her passbook and check-up of cash to another person, the defendant's intent to commit a violation of the Electronic Financial Transactions Act shall be sufficiently recognized. Even if considering the records of this case, there is no evidence showing that the defendant's act corresponds to the above change, and rather, he/she listens to the statement that he/she guarantees profits in relation to sports lottery tickets by telephone from the person who is not the name of the defendant at the time, and the secret number after transferring the passbook and check card to the person who is not the person who is the name of the defendant using the Busan KTX, it is merely a unilateral assertion that the defendant's above change is exempted from liability.

B. The defendant has no record of punishment for the same kind of crime and the number of passbooks and check cards transferred by the defendant respectively.