The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining facts and misunderstanding legal principles, the Defendant sent a personal check card at the end of a person who is not aware of his name that it is necessary for the Defendant to receive the loan, and there is no demand for compensation from the person who is not aware of his name or for payment.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence of a fine of KRW 3 million imposed by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, it is reasonable to view that the Defendant provided a means of access in return for a loan, with the knowledge that at least the means of access issued to a person who received the loan could be used in another person’s electronic financial transaction, even though the Defendant was aware that it could be used in the other person’s electronic financial transaction.

(1) While the Defendant issued a physical card to a person under whose name the card was issued and notified of the password, the Defendant did not accurately grasp the basic information on the lending business entity, such as the trade name, the location of the office, the position of the person in charge, contact information, etc. (the Defendant did not grasp the address, etc. of the person received following the other party’s end that he sent the physical card to Kwikset Service), interest rate, and time for repayment, etc.).

In addition, the detailed time, place, method, etc. of return was not determined later at the time of delivery of the check card.

(2) "Lending a means of access" under Article 6 (3) 2 of the Electronic Financial Transactions Act means lending a means of access so that any other person may temporarily use the means of access without managing and supervising the user of the means of access while demanding or promising to receive any consideration.