1. Defendant A: (a) accepted the proposal of a Buddhist box that “I would allow a small amount of money to be used and give two million won in return for the receipt of a cash card”; (b) around April 2, 2014, the Defendant transferred the means of access, such as cash cards and passwords, to the Agricultural Cooperative (D) account under the name of the Defendant, to the said Buddhist person via Kwikset Service.

Judgment

The term "acquisition of the means of access" under Article 49 (4) 1 of the Electronic Financial Transactions Act means the transfer of the ownership or the right to dispose of the means of access on the basis of the transferor's intention, and it is reasonable to deem that the act of lease or the delegation for temporary use is not included therein.

(see Supreme Court Decision 2011Do14913, Feb. 9, 2012). According to the evidence submitted by the prosecutor, the fact that the means of access, such as the cash card opened by the Defendant and sent as indicated in the facts charged, was used for the so-called “scaming” crime is recognized.

Furthermore, there is no objective evidence that could know about whether the defendant transferred the means of access or not.

Meanwhile, the Defendant consistently received a small amount of part-time fee from an investigation agency to this court. If the Defendant sent a means of access from an unqualified person, he/she shall confirm the details of the deposit and withdrawal, etc. of the above account, and he/she shall send a small amount of 2 million won as advance payment for part-time fee, and shall send a cash card to an unqualified person using Kwikset service. The next day is the following.