The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant, who received KRW 100,000 per day from a person who was unaware of his name, delivered the passbook, etc. but did not actually receive any payment, this is the purport of lending that is not a transfer. Article 6(3)2 of the Electronic Financial Transactions Act prohibits “the act of lending or lending the means of access in return for payment.” However, applying the above penal provision to the Defendant who lent the means of access without actually receiving any payment is impermissible for extended interpretation in violation of the principle of no punishment without law.

Therefore, the judgment of the court below which found Defendant guilty is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the overall circumstances of unreasonable sentencing, the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, the summary of the facts charged in the instant case is that the Defendant, around September 23, 2013, sent the passbook or e-mail card in the name of the Defendant to the national bank and the Nonghyup bank account in the name of the Defendant, and the prosecutor shall not commit any of the following acts unless otherwise provided for in other Acts in using and managing the means of access:

Provided, That this shall not apply where it is necessary for the transfer of an electronic prepayment means or electronic currency under Article 18 or for provision of security.

1. A public prosecution was instituted by applying the act of transferring or taking over a means of access, and the lower court also convicted of the aforementioned facts charged by applying the same Act and subordinate statutes.

According to the record, the Defendant starts to start up on September 2013, 070 with the content that “if a soil site operation account is insufficient, two accounts are opened and sent, one hundred thousand won per day shall be paid.”