The defendant shall be innocent.

1. On August 26, 2014, the Defendant received a proposal and sent cash cards linked to the new bank account (D) opened in the name of the Defendant, and sent them to the said person via Kwikset Service, and notified the password by telephone.

Accordingly, the Defendant transferred the means of access in return for payment.

2. Determination

A. The term “transfer” of the means of access under Article 49(4)2 of the Electronic Financial Transactions Act means a fixed transfer of the ownership or the right to dispose of the means of access on the basis of the transferor’s will, and is not included in the act of leasing or delegating the right to dispose of the means of access for temporary use (see, e.g., Supreme Court Decision 2011Do14913, Feb. 9, 2012). In light of the following circumstances: (a) the Defendant consistently stated from the investigative agency to this court that “in the event that an account is leased to a company’s tax account, the Defendant issued a cash card by granting KRW 3 million to the one month when the account is leased to the company’s tax office; (b) the evidence submitted by the prosecutor alone is insufficient to deem that the Defendant issued the cash card with the intention to

B. Furthermore, even if the Defendant’s act was leased of the means of access, insofar as there is no evidence to acknowledge the fact that the Defendant was promised, the Defendant’s act cannot be punished under Article 49(4)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015).

3. According to the conclusion, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, the Defendant is acquitted pursuant to the latter part of Article 325