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The defendant shall be innocent.
Reasons
1. In using and managing a means of access, no person may transfer or acquire a means of access unless otherwise specifically provided for in any other Act;
However, around December 26, 2014, the Defendant: (a) received a call from a female with no name to make a loan to KRW 20 million from a national bank account (Account Number: C) in the name of the Defendant; and (b) transferred the cash card, which is the means of access in the name of the Defendant, to the above needy party, to the extent that the Defendant sent a passbook from a female with no name, he/she would make the details of the deposit and withdrawal transaction; and thereafter, (c) made the loan to KRW 20 million in the name of the Defendant.
2. Determination
A. Generally, it refers to an act of transferring a right or an article to another person. In light of the strict interpretation of penal provisions, and the interpretation of penal provisions in the direction unfavorable to the defendant is not permitted in principle under the principle of no crime without the law, it treats transfer and lease under the Civil Act as a separate concept, and the amendment of the former Electronic Financial Transactions Act (Act No. 9325, Dec. 31, 2008) newly established a prohibition and penal provision on “the act of lending or lending a means of access to a payment payment” in order to actively cope with crimes using the so-called “debrison passbook” (Articles 6(3)2 and 49(4)2) of the former Electronic Financial Transactions Act, it should not be deemed that the “transfer” as referred to in the former Electronic Financial Transactions Act does not merely lend a means of access or temporarily use a means of access.
(See Supreme Court Decision 201Do16167 Decided July 5, 2012). B.
According to the statement of the defendant's court statement and the statement of the police interrogation protocol against the defendant, if the defendant sent a cash card on December 26, 2014, the defendant received the statement card with the phone of the non-sured person who will make a loan by raising the limit.