The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant merely sent a check card for the purpose of “verification of credit rating for loans and confirmation of the payment account for interest.”

Thus, it cannot be deemed that the defendant had the intent to lend the means of access to electronic financial transactions.

Nevertheless, the judgment of the court of first instance that found Defendant guilty of the facts charged in violation of the Electronic Financial Transactions Act is erroneous for misconception of facts.

B. In order to establish a crime of violation of the Electronic Financial Transactions Act stated in the facts charged of misunderstanding legal principles, the Defendant promised to pay for the lending of the means of electronic financial transactions. However, it cannot be deemed that the Defendant promised to receive a loan only by itself.

Nevertheless, the judgment of the court of first instance that found Defendant guilty of facts charged in violation of the Electronic Financial Transactions Act is erroneous in misunderstanding legal principles.

C. The judgment of the court of first instance on the defendant's grounds of unfair sentencing (fine 3,00,000) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act refers to an act of lending the means of access to a third party temporarily using the means of access without managing and supervising the user of the means of access (see Supreme Court Decisions 2016Do8957, Aug. 18, 2017; 2017Do16946, Jun. 27, 2019). Even if the Defendant asserts that it was in the first instance court and the first instance court court, even if the Defendant’s assertion, it is clear that the Defendant transferred the check card by permitting a person who is called the employee of the lending company to conduct electronic financial transactions, such as withdrawing interest by using the check card without managing and supervising the Defendant. This is also an act included in the “loan of access media” as seen above.

Therefore, this part of the defendant.