The defendant shall be innocent.

1. On July 2014, the Defendant promised to lend the head of the Tong to a police officer for three months on the condition that he/she would receive KRW 2.5 million each month between the person who was not a police officer by telephone.

After that, on July 31, 2014, the Defendant sent the passbook, debit card connected thereto, and its passwords in the name of the Defendant at the Chuncheon bus terminal located in Gangwon-gu, Gangwon-do, by using the door-to-door bus freight to the needy.

Accordingly, the defendant committed an act of lending means of access while promising compensation.

2. The judgment prosecutor was prosecuted by applying Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act.

Article 49(4)2 of the Electronic Financial Transactions Act applicable to the instant case (amended by Act No. 13069, Jan. 20, 2015) provides that “any person who has received or lent the means of access in violation of Article 6(3)2 or 3 or any person who has kept, delivered or distributed the means of access shall be punished by imprisonment with 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 “any act of lending or lending the means of access in return for any consideration or in return for any consideration” as one of prohibited acts, and the act of lending or receiving the means of access is not stipulated as prohibited acts.

The act of lending or borrowing means of access in return for compensation was added to the subject of punishment as the Act was amended by Act No. 13069 on January 20, 2015.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act.