The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts and misapprehension of the legal doctrine, stated this part of the allegation in the reasoning of appeal only by mistake of facts, but appears to contain a misapprehension of the legal doctrine in light of the purport of the allegation, thereby leading to such misunderstanding.

The Defendant’s promise not to deliver a e-mail card in return for any consideration, but to believe and deliver the message of a counselor that it is necessary to open a Mabner Account, which does not constitute a lending.

In addition, the Defendant was unaware of the fact that he was unable to know that he was used in illegal days, such as phishing fraud, and that the act of giving the cam card to another person was illegal. The Defendant was only a victim who was accused of cambling criminal organizations, thereby deceiving the cam card. Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, which found the Defendant guilty of the instant facts charged.

B. The lower court’s sentence (2.5 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by misunderstanding of facts and legal principles and duly adopted and investigated by the lower court, the Defendant’s act of sending a physical card to a person without a name, as stated in the facts charged in the instant case, constitutes “act of lending an access medium while promising to punish him/her under the Electronic Financial Transactions Act.” Therefore, the lower court’s judgment to the same purport is justifiable, and the Defendant’s mistake of facts or misapprehension of legal doctrine is without merit.

① According to the Defendant’s statement made by the investigative agency, the Defendant was able to obtain a loan by a third party who sent a physical card by using a false physical card connected to his/her own account, raising the credit reputation point of the Defendant, and opening a Masp passbook by mail.

(2)