The defendant shall be innocent.

1. No person who is the summary of the facts charged shall transfer the passbook, cash card, etc. which is the means of electronic financial transactions;

However, around June 18, 2014, the Defendant transferred the means of access by sending Kwikset Co., Ltd. with 2 million won and passwords under the name of the Defendant via Kwikset Service.

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 Defendant’s legal statement and the statement of the police interrogation protocol against the Defendant, the Defendant received text messages stating that “The Defendant shall grant two million won or more after using two weeks’ bankbooks,” and made a phone call to the person in unsound name, and that he returned the passbook and the check card again by mail. However, it can be acknowledged that the Defendant did not receive compensation for the lease of the passbook.

According to this, the defendant can be deemed to have lent the means of access or used temporarily.