The defendant shall be innocent.

1. No person charged shall transfer or acquire a means of access, that is, electronic financial transaction request, or use or manage an electronic card used to secure the authenticity and accuracy of users and the details of such transaction and other information equivalent thereto unless otherwise specifically provided for in other Acts;

On March 5, 2012, the Defendant: (a) opened the bank account (E) in the capacity of an agent, and transferred the Internet banking and the physical cards and passwords available for cash withdrawal to the above bearers, on the condition that the Defendant received KRW 50,000 per day from the male (one-person B manager) of the 30th half of the name in the Internet, known to the Republic of Korea, prior to the point of Yangyang-dong, Yeongdeungpo-gu, Seoul Metropolitan Government 29-23 (one-person B manager) on the opening of the bank account; (b) on the condition that 50,000 won per day is paid to the opening of the bank account.

2. The summary of the above facts charged is that "the defendant opened an account under the name of C in the capacity of proxy of C Co., Ltd. and transferred the means of access, such as the physical card."

The principle of legality, however, requires that crimes and penalties should be prescribed by law in order to protect individual freedom and rights from arbitrary exercise of state penal authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal law in the direction unfavorable to the defendant as it is against the principle of no punishment without law.

(see, e.g., Supreme Court Decision 201Do7725, Aug. 25, 2011). Therefore, health class and Article 49(4)1 of the Electronic Financial Transactions Act punishs the act of “transfer” in violation of Article 6(3)1 of the same Act. In general, legal transfer is an object or object.