A. The Defendant, who is aware of the fact, was required by G, a dynamic G’s summary, and transferred his name to the above G with an access medium, such as each passbook of this case, and there was no intent to commit a violation of the Electronic Financial Transactions Act, and thus, the lower court convicted the Defendant of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the defendant was found to have received 2.5 million won per head of Tong from the person in an infinite name, and transferred each of the passbook and physical card to the person infinite service via Kwikset service article.

As alleged by the Defendant, even if the Defendant had received a proposal from G to transfer the passbook of KRW 2.5 million per one, the Defendant transferred the passbook to him but did not actually receive the price thereafter.

Even if at the time of the instant case, the Defendant had a criminal intent to transfer the access media to the financial institution to the Defendant, insofar as he/she had the awareness and intent to transfer the passbook by receiving compensation as above.

Therefore, the defendant's above assertion cannot be accepted.

B. The fact that the Defendant had no record of punishment for the same kind of crime, and the crime of this case was merely a provision of the access media, such as the two passbooks on the two deposit account, once, is favorable to the Defendant.

However, in full view of the following: (a) the crime of violation of the Electronic Financial Transactions Act, such as the instant case, is highly likely to be abused for other crimes, such as the so-called “phishing” fraud; (b) the fact that the access media by the Defendant was actually used for the fraud by means of Internet hacking; and (c) the Defendant’s age, sexual behavior, environment, and family relationship.