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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. No person charged may lend a means of access for electronic financial transactions at a price;
Nevertheless, at around 17:00 on October 10, 2014, the Defendant accepted a telephone contact and received rent from 1.5 million won to 6 million won per month from a person who was named as the director of the D branch of the C company, and around that time, sent the cock card connected to the Defendant’s bank account in the name of Kwikset-si’s name (Account Number E) through Kwikset-si’s front day in front of viewing in the Manyang-dong-dong-dong.
Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.
2. Determination
A. Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”) prohibits “the act of borrowing or lending the means of access in return for consideration” and Article 49(4)2 of the same Act punishs “the person who borrows or lends the means of access in violation of Article 6(3)2.” However, the amended Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “Revised Electronic Financial Transactions Act”) prohibits “the act of lending or lending the means of access while demanding, demanding or promising the payment, or distributing the means of access in return for consideration” and Article 49(4)2 of the same Act prohibits “the person who has leased or lent the means of access in violation of Article 6(3)2 or 3, or who has punished the person who has received, distributed, or distributed the means of access by modifying it.”
In light of the aforementioned provisions and purport of the former Electronic Financial Transactions Act, even if there is a need to punish the act of receiving a promise for compensation and lending the means of access, such an act is subject to Article 49(4) of the former Electronic Financial Transactions Act.