The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) was the telephone that the Defendant would provide a loan to the head of the passbook and the cash card, and sent it to the person under whose name the account was named. However, the Defendant was merely the victim of the fraud crime, and the said passbook and cash card were completely used for the fraud crime.

Therefore, the defendant's act does not constitute a violation of the Electronic Financial Transactions Act.

2. Determination

A. Article 49(4)1 of the Electronic Financial Transactions Act provides a punishment for the act of transferring or taking over a means of access in violation of Article 6(3)1 of the same Act. In the event that a means of access, such as a deposit passbook, cash card, and password, is delivered on the speech that the lending would be effected, unless it is only for the temporary delegation of the use of the means of access, it does not constitute “transfer” of the means of access under Article 6(3)1 of the Electronic Financial Transactions Act.

However, considering that the Electronic Financial Transactions Act’s legislative purpose is to ensure the safety and reliability of the transaction by clarifying the legal relationship of the electronic financial transaction (Article 1), relevant circumstances are objectively determined, such as the motive and circumstance leading up to the delivery of the means of access, relationship with the other party, the number of means of access to which the means of access was issued, behavior or circumstances after the delivery, whether there was an agreement on the subject, amount, interest rate, and method of receiving the loan with respect to the loan that has been the motive for the delivery of the means of access, if any, it can be deemed that the delivery of the means of access is not a means for the provision of the means of access to allow other persons to arbitrarily conduct the electronic financial transaction in return for the provision of the means of access, rather than a means for the provision of the means of access.