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The defendant shall be innocent.
Reasons
1. In using and managing a means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access, unless otherwise specifically provided for in any other Act;
On August 2018, the Defendant received a proposal from a person under the name of a lending business operator who opened an Internet advertisement from a person under the name of a lending business operator who opened an account and consented to the offer to allow mobile banking to use the mobile banking, and then, after opening a B account under the name of the Defendant, the Defendant opened the account (Account Number C) in the name of the Defendant, and made the account holder under his name available the said account to freely use the mobile banking by making the account number, account password, and mobile OTP, etc. available to the person under his name.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
2. Determination
A. Article 6(3)2 of the Electronic Financial Transactions Act prohibits lending of a means of access (Article 6(1) of the same Act). Here, the term “means of access” means any means or information falling under any of the following subparagraphs (Article 2 subparag. 10 of the same Act, which is used to make a transaction request in an electronic financial transaction or to secure the authenticity and accuracy of the user and the transaction details, digital signature creating key under Article 2 subparag. 4 of the Digital Signature Act, and certificates [b] under subparagraph 7 of the same Article registered with a financial company or an electronic financial business entity, user number [c], user’s biological information [d], (a) or (b), or password (e) necessary to use the means or information under Article 2 subparag. 10 of the same Act, and “loan of a means of access” means the means of access without having other persons temporarily manage and supervise the means of access, by having the user receive, request or promise to use the means of access.