Since the defendant sent an account number, password, and a photograph of resident registration certificate to a person under whose name the defendant was named, the above password constitutes Article 2, subparagraph 10 (e) of the Electronic Financial Transactions Act, this constitutes a means of access in violation of the Electronic Financial Transactions Act.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous by misapprehending the legal principles.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Judgment

The legal doctrine related to determination of mistake and misapprehension of legal principles (hereinafter “the Act”) prohibits “the act of lending a means of access in the course of receiving, demanding or promising payment” as the purpose of ensuring the safety and reliability of electronic financial transactions by clarifying the legal relationship of the electronic financial transaction (Article 1). Article 6(3)2 of the Act prohibits “the act of lending a means of access in the course of receiving, demanding or promising payment” (Article 6(3).

(4) "Access medium" means any means or information falling under any of the following subparagraphs, among electronic cards and electronic information equivalent thereto (a) used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details, digital signature creating key under Article 2 subparagraph 4 of the Digital Signature Act and certificates under subparagraph 7 of the same Article [b] registered with a financial company or an electronic financial business entity, user number (c) [d], user personal information (d)], (a) or (b) of the user's bio-information necessary to use the means or information under subparagraph 4 of Article 2 of the Digital Signature Act and subparagraph 7 of the same Article.

(Article 2 subparag. 10 of the Act). The term "user" means a person who conducts electronic financial transactions under a contract concluded with a financial company or an electronic financial business entity for the purpose of electronic financial transactions (hereinafter referred to as "electronic financial transaction contract") (Article 2 subparag. 7 of the Act); and the term "transaction request" means a user under the electronic financial transaction contract.