The defendant shall be innocent.

1. No person who is a major point of the facts charged shall borrow or lend any access medium while receiving, demanding or promising the use or management of the access medium;

On August 8, 2017, the Defendant borrowed the head of the Tong with the necessity of the head of the Tong to evade taxes on exporting the vehicle to a foreign country from a person who is in the name of the defendant's house located in the Sinsung City B.

“On the proposal of the head of the Tong, received KRW 200,000 in return for the lending of the head of the Tong, and sent the passbook (Account Number C), identification card, a certified copy of the resident registration card to Kakaox, which is an access medium under the name of the defendant to the name of the deceased.

2. Determination

A. The purpose of the Electronic Financial Transactions Act (hereinafter “Act”) is to ensure the reliability of the performance of an electronic financial transaction by clarifying the legal relationship of the electronic financial transaction (Article 1); “The act of lending any approaching medium while demanding or promising the payment of consideration” is prohibited (Article 6(3)2); and any person who lends any approaching medium in violation of Article 49(4)2 is punished (Article 49(4). Here, “Access medium” means an electronic card and other electronic information corresponding thereto (a) used to give instructions in an electronic financial transaction or to secure the authenticity and accuracy of the user and the transaction details; electronic signature-generating information under Article 2 subparag. 4 of the Electronic Name Act and a written certification under subparagraph 7 of the same Article [b] of the same Act [referring to the number of users registered with a financial company or electronic financial business entity [Article 6(3)2], the method or password of users under any of the contract or electronic financial business entity [Article 6(4)2(a) of the Act].