The prosecutor's appeal is dismissed.

1. A summary of the grounds for appeal that the defendant sought on condition that he/she lends his/her access media;

The loan of KRW 2 million shall be deemed to fall under the consideration under Article 6 (3) 2 of the Electronic Financial Transactions Act, but shall not fall under the consideration.

In light of the above, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of the legal principles as to the definition of consideration under electronic financial transaction

2. On April 2015, the summary of the facts charged: (a) around the middle of the year, the Defendant sent the e-mail card and account password, linked to the new bank account (C) under the name of the Defendant, to the above-mentioned person via Kwikset service article, on condition that 2 million won is loaned from the nameless lending business operator.

Accordingly, the defendant lent the access media to the defendant upon receiving the promise of compensation.

3. The lower court found the Defendant not guilty of the charges of this case on the ground that the Defendant’s act does not constitute a “act of lending access media while promising compensation” under Article 6(3)2 of the Electronic Financial Transactions Act, on the sole basis of the following circumstances acknowledged by the record: (a) if the Defendant sent a check card by means of repaying his/her name to the needy person; and (b) the Defendant’s opportunity to receive loans or loans cannot be deemed as the rent for allowing the other party to use the access media; and (c) the Defendant’s act cannot be deemed as a “act of lending access media with promising compensation” under Article 6(3)2 of the Electronic Financial Transactions Act.

4. Determination on whether a deliberation was made

A. According to the evidence duly adopted and examined by the court below, the following circumstances are recognized.

(1) The defendant is under police investigation, and he/she is in the middle of April 2015.