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The defendant shall be innocent.
Reasons
1. Around October 9, 2012, the Defendant established the NongHyup Bank account (D) in the name of (ju)B)B with the delegation of the Defendant from the representative C at the Agricultural Olympic Branch in Songpa-gu Seoul, Songpa-gu, Seoul. On the same day, the Defendant transferred one sheet of passbook, cash card, and Internet banking security card, respectively, to E in the vicinity of the calendar station located in Gangnam-gu, Seoul Metropolitan Government.
2. Determination
A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.
(2) Article 49(4)1 of the Electronic Financial Transactions Act (hereinafter “Act”) prohibits the transfer of a means of access or the acquisition of a means of access in violation of Article 6(3)1 of the same Act (hereinafter “the Act”). In addition, the interpretation of penal provisions should be strict, and the interpretation of penal provisions is prohibited in a manner unfavorable to the defendant, or it is not possible to interpret the meaning of express provisions by analogy (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 201). In full view of the fact that each act that is subject to punishment under Article 49(4)1 of the Act differs from each act that is subject to punishment (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 2011). As such, the “transfer of a means of access medium” subject to punishment under Article 49(4)1 of the Act refers to the transfer of ownership or the right to dispose of the means of access from the beginning.
B. According to the investigated evidence, the following facts are acknowledged.
The defendant is a juristic person from E in a horse race track.