The defendant shall be innocent.

1. In using and managing the means of access for electronic financial transactions, no person may lend the means of access for consideration unless otherwise specifically provided for in any other Act;

Nevertheless, on September 22, 2013, the Defendant received a proposal to pay KRW 500,000 per week from a person whose name was unknown through telephone to a person who lent the passbook, and KRW 240,000 per month from a bus terminal located in Chungcheongbuk-do, and around the 25th day of the same month, the Defendant sent one passbook (Account Number: C), one cash card, and one password to a bus terminal located in Seoul, to a person whose name is unknown.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

2. Determination

A. Article 49(4)2 of the Electronic Financial Transactions Act provides that “a person who borrows or lends a means of access in violation of Article 6(3)2 of the same Act” shall be punished. However, Article 6(3)2 of the same Act prohibits “a person who borrows or lends a means of access in return for a consideration or in return for a consideration” and does not prohibit “a person who lends a means of access in return for a consideration”.

B. The principle of no punishment without the law requires that crimes and penalties be determined by law to protect individual freedom and rights from arbitrary exercise of the state penal authority, and these principles are constitutional values that must be observed.

(Article 12(1) of the Constitution provides that the interpretation of penal provisions shall be strict, and the interpretation of penal provisions shall not be permitted because it is against the principle of no punishment without the law to excessively expand or analogically interpret the meaning of an express provision to the disadvantage of the defendant.

(Supreme Court Decision 2009Do3053 Decided December 10, 2009). C.

Although December 31, 2008, Law No. 9325 was enacted.