Nevertheless, on September 24, 2014, the Defendant, without confirming the specific personal information, office location, etc. of the underpaid persons, received KRW 3 million from the underpaid persons without determining the specific time, place, and method of return of the cash card. On September 24, 2014, the Defendant transferred the cash card (hereinafter “the cash card in this case”) that is linked to the account under one’s name to the underpaid persons through Kwikset Service (Account Number: C) through Kwikset in front of the long distance in the Geum-dong Geum-dong, Pwikset Island.

2. Determination

A. Article 2 Subparag. 10 of the Electronic Financial Transactions Act provides for “electronic cards and other electronic information equivalent thereto,” “user numbers registered with financial companies or electronic financial business entities,” and Article 6(3) prohibits, in principle, the act of transferring or taking over the means of access. Article 49(4)1 of the same Act provides that “any person who transfers or takes over the means of access in violation of Article 6(3)1” shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.

In general, the transfer refers to the act of transferring the right or the article to another person, and the interpretation of penal provisions should be strict, and excessively expanded or analogical interpretation of the meaning of the express provision to the disadvantage of the defendant is not allowed under the principle of no crime without the law, and it treats the transfer and lease under the Civil Act as a separate concept.