The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, there was a criminal intent to transfer the Defendant’s access media that did not have any negligence to his/her name, to a person who was not his/her name.

may be seen.

Therefore, the Defendant’s act constitutes “transfer of access media” under Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”).

Even so, the lower court determined that the Defendant transferred the right to access a medium by way of lending it.

Thus, the court below acquitted the defendant on the ground that there is no evidence to acknowledge that the defendant transferred access media. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Determination as to the prosecutor's assertion of mistake of facts

A. No person charged with the instant case may transfer a financial institution’s access medium to another person.

In order to send a passbook from a person who is not the name of the defendant, the defendant received a proposal to offer KRW 9 million, and around October 2014, the defendant transferred the passbook, cash card, etc. to the Kwikset Service employee who sent the above name and sent the passbook, cash card, etc. connected to the defendant's name bank account (B) and the new bank account (C).

B. According to the evidence of the judgment of the court below, the defendant listened to the statement that he would give KRW 9 million monthly at the time of lending the passbook from a person in the name of the defendant for three months, and sent the passbook to the person in the name of the defendant as shown in the facts charged. The defendant sent the above passbook to the defendant who wants to return the passbook after the month from the person in the name of the above person in the name of the defendant at the time. The defendant sent it to the defendant who wants to receive the above passbook that he would receive the above passbook after the month, and

In light of these facts, the above-mentioned person will not receive the above passbook and return it.