The defendant's appeal is dismissed.

1. The summary of the defendant's grounds of appeal (misunderstanding of facts as to the part of the crime) reported the advertisement that the defendant, together with B, found the place where the defendant would get a loan to establish a substitute driving company on the Internet, and contacted the person with no name, and the person with no name could not get a loan due to bad credit, and the defendant merely delegated the defendant's temporary use of the means of access in the name of the defendant as ordered by the person with no name to receive a loan, and did not transfer the means of access in the name of the defendant to the person with no name, and did not receive any consideration from the person with no name.

Nevertheless, the lower court erred by misapprehending the facts charged for violating the Electronic Financial Transactions Act, thereby adversely affecting the conclusion of the judgment.

2. The lower court also asserted the same purport as the argument in the grounds for appeal. In light of the following: (a) the Defendant searched the lending company on the Internet around May 2015 and became aware of the “F” company; and (b) the Defendant at the request of the lending company, at around July 20, 2015, sent the passbook, etc. under the name of the Defendant to the person in default of the name of the Defendant; (c) the Defendant did not confirm the personal information of the person in default of the name, or the lending company’s office or address at all at the time; and (d) did not confirm the F; and (e) did not specify the specific time and place for returning the passbook, etc. from the person in default of the name; and (c) the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for violating the Electronic Financial Transactions Act at the Incheon District Court on September 18, 2012, barring any special circumstance, such act constitutes a case where the Defendant transferred the passbook, etc. at the time when the passbook was transferred.