The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the violation of the Electronic Financial Transactions Act), the Defendant received a physical card and its password from G to use it as a transportation card, which is nothing more than using a temporary access medium.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. Fact-finding assertion 1) In light of the fact that Article 49(4) of the Electronic Financial Transactions Act provides that the act of transferring or taking over the storage media (Article 49(1) and lending the approaching media for consideration (Article 2(1)2) is subject to separate elements, “the number” of the approaching media as referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the act of acquiring the ownership or right to dispose of the approaching media on the basis of the transferor’s intention, and is not included in the act of obtaining a lease or delegation for temporary use (see Supreme Court Decision 2011Do14913, Feb. 9, 201). Moreover, in view of the following circumstances, whether the delivery of the approaching medium is a mere delegation of temporary use of the approaching medium or that it is subject to the transfer of the approaching medium, the lower court’s determination on whether the Defendant was aware of the motive and circumstances leading up to the transfer of the approaching medium and its related evidence by taking account of the following objective and detailed circumstances:

(1) G.