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The defendant shall be innocent.
Reasons
1. On June 26, 2014, the Defendant accepted a proposal that he would pay the face value of the passbook from the person who was not the deceased in his name, and then sent the passbook and the check card to the person who was the deceased in his name through Kwikset service without a specific agreement on the return of the passbook at the central park located in Dong-dong, Jung-gu, Daegu Metropolitan City around 11:00.
Accordingly, the Defendant transferred the means of access for electronic financial transactions.
2. Determination
A. The term “transfer” of the means of access under Article 49(4)2 of the Electronic Financial Transactions Act means a fixed 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 leasing the means of access or delegating the right
(see, e.g., Supreme Court Decision 2011Do14913, Feb. 9, 2012). (B)
The defendant asserts that he did not transfer a e-mail card, but only lent a day without any consideration, and received a return on the following day. According to the evidence duly adopted and examined by this court, the following circumstances are revealed.
① The Defendant stated that, at an investigative agency, the Defendant: (a) requested a head of a Tong and a check card to be lent to him/her; and (b) issued a check to him/her.
Therefore, the facts charged prior to the amendment of the bill of amendment are "loan of access media".
② On June 26, 2014, the Defendant issued a relatively consistent string card, etc. on the part of the deceased on his/her name to the effect that he/she reported the loss to the bank on the following day (gold day on June 27, 2014) and then went to the park to get the passbook returned, and the contact was closed thereafter, and the day was too late on the day, and the Defendant reported the loss to the bank on the last day of the week.
③ The Defendant, on June 30, 2014, found the bank in fact and opened a passbook with the head of the Tong.