The defendant shall be innocent.

1. Judgment on the primary facts charged

A. On October 2013, the Defendant accepted a proposal that “to pay KRW 50,000 per day to a person who would be allowed to use the passbook,” by telephone from his nameless policeman, and then sent cash cards and passwords linked to the agricultural bank account under the name of his/her father and descendant B to his/her name in return for the payment of the means of access for electronic financial transactions.”

B. Determination 1) Article 49(4)2 of the Electronic Financial Transactions Act provides that “A person who borrows or lends a means of access in violation of Article 6(3)2 of the same Act” shall be punished. However, Article 6(3)2 of the same Act prohibits “a person who borrows or lends a means of access in return for consideration or in return for consideration” and does not prohibit “an act of lending a means of access in return for consideration”. 2) The principle of no punishment without law requires that a crime and punishment be prescribed by law in order to protect an individual’s freedom and rights from arbitrary exercise of the State’s penal authority, and such principle is the constitutional value that must be observed.

(Article 12(1) of the Constitution provides that the interpretation of penal provisions shall be strict, and the interpretation of penal provisions shall not be permitted because it is against the principle of no punishment without the law to excessively expand or analogically interpret the meaning of an express provision to the disadvantage of the defendant.

(Supreme Court Decision 2009Do3053 Decided December 10, 2009). 3. It takes into account the legislative intent of Article 9325 of the Act on December 31, 2008, which was amended to punish a “lost loan” is “to prohibit the unjust lending of means of access to actively cope with crimes using the passbook and to strengthen punishment therefor.”

Even if there is no provision of punishment for attempted crimes under Article 49 (4) 2 of the Electronic Financial Transactions Act.