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The defendant shall be innocent.
Reasons
No person charged may transfer or acquire the means of access in using and managing the means of electronic financial transactions.
On February 5, 2015, around 15:00, the Defendant transferred the means of access by sending the post office accounts (C), community credit cooperatives (D), and credit union accounts (E), etc. to the bearers, in front of the Korean National Bank near the subway No. 8 of the subway Line located in Gangdong-gu Seoul Metropolitan Government, by Okwiksetsetline service.
Judgment
The defendant asserts that the post office account was not transferred to another person because he was in possession of the defendant and was not used in the crime, and that the defendant lost a passbook, check card, and a book in which the passbook of the community credit cooperatives and credit union accounts are entered, and that the above passbook and check card were not transferred to another person.
On the other hand, as to whether the defendant transferred the means of access as stated in the facts charged, according to the evidence submitted by the prosecutor, it is recognized that F deposited KRW 10 million into the account of community credit cooperatives under the name of the defendant.
However, the above facts alone are insufficient to recognize that the defendant transferred the above means of access to a person who has no name, as stated in the facts charged, and there is no other evidence to acknowledge it.
Thus, the facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325.