The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. In light of the prosecutor’s gist of the grounds of appeal (unfair in sentencing) the so-called “the passbook passbook”, which is taken up through the crime of transferring and lending electronic financial transaction access media, is widely used for various crimes, such as Bosing and lending fraud, which makes it possible to conceal criminal proceeds and make it difficult to detect a criminal, etc., and is an essential means to realize the crime, and thus, social malicious behavior is serious, and the Defendant committed the instant crime of lending the access media even though being used for the purpose of the crime, and the Defendant actually used the access media leased by the Defendant. In light of the above, the lower court’s sentence imposing a fine of KRW 2,00,000 is too unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the judgment.

The lower court found the Defendant guilty of the instant charges by applying Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, which requirements the act of lending access media, not Article 49(4)2 and Article 6(3)2 of the said Act, which requires the act of transferring access media, as a requirement for constituting the act of transferring access media, to the facts charged of the instant case where the Defendant lent access media for electronic financial transactions with the promise of payment.

Therefore, the judgment of the court below is erroneous in the application of the law and affected the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal of the judgment of the court below, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;