Nevertheless, on November 12, 2014, the Defendant sent a password to a person who misrepresented the lender through Kwikset Service Articles, and sent a password to a person who misrepresented the borrower, which is opened in the name of the Defendant that is able to receive a loan by arbitrarily preparing transaction details in front of Yangcheon-gu Seoul Metropolitan Government on the street.

Accordingly, the Defendant transferred the access media necessary for electronic financial transactions.

2. Determination

A. Article 49(4)1 of the Electronic Financial Transactions Act (hereinafter “Act”) punishs the transfer or acquisition of access media in violation of Article 6(3)1 of the Act, and where an access medium, such as deposit passbook, cash card, and password, is issued upon the speech that it would be offered a loan, if it is only to delegate the temporary use of the access medium, it does not constitute “transfer” of the access medium under Article 6(3)1 of the Act.

However, considering the fact that the Electronic Financial Transactions Act is one of the legislative purposes to ensure the reliability of the transaction performance by clarifying the legal relationship of electronic financial transactions (Article 1), related circumstances such as motive and background leading up to the issuance of access media, relation between the school and the other party of the school, the number of access media after the school, the behavior and circumstance after the school, whether there was an agreement on the subject, amount, interest rate, and method of receiving loans with respect to loans that have become the motive of the school.