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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On November 201, 2014, the Defendant: (a) received a request from a person in the name of the E-gu office located on the 4th floor of the Jinjin-gu Seoul Metropolitan City D cafeteria; (b) refused to deposit KRW 300,00 from the person in the name of the E-gu office; and (c) promised to lend a personal identification card from the Defendant’s post office account (F) opened at the former branch of the National Bank prior to the National Bank; and (d) promised to receive a fee by notifying the person in the name of the password.
2. The prosecutor charged the above charged charges by applying Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act.
Article 49(4)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) that applies to the instant case provides that “a person who borrows or lends access media in violation of Article 6(3)2 shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won.” Article 6(3)2 of the same Act provides that “a person who lends or lends access media in return for a consideration or in return for a consideration shall be punished by imprisonment with labor for not more than 20,000 won.” Article 6(3)2 of the same Act provides that “a person who lends or lends access media in return for a consideration or in return for a consideration” is prohibited from lending access media, such as the facts charged, that is not specified as prohibited acts, was added to “a person who lends access media” as a result of the amendment of the Act.
3. In conclusion, the above facts charged constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.
In addition, according to the main sentence of Article 58 (2) of the Criminal Code, a summary of the judgment against the defendant is published.