Defendants are acquitted.

1. Summary of the facts charged

(a) Except as otherwise expressly provided for in other Acts, no person who is a defendant A shall transfer or take over any access medium;

Nevertheless, around October 13, 2011, the Defendant transferred the passbook, physical card, security card, and password to the national bank account (Account Number:D) in the name of the Defendant to the Dong-dong apartment in Daegu North-gu, which is the Defendant’s residence B, and to the Dong-dong in 106 Dong 1001.

Accordingly, the defendant transferred the access media to Dongsin B.

B. In using and managing access media, Defendant B shall not transfer or take over access media unless otherwise specifically provided for in other Acts.

Nevertheless, around October 13, 2011, the Defendant taken over the passbook, check card, security card, and password from the account in the name of the National Bank (Account Number: D) in the name of the Defendant from the type A in the Daegu North-gu apartment of the Defendant’s residence, and from the type A in the 106 Dong 1001.

Accordingly, the defendant acquired the access media from a punishment A.

2. In light of the above determination, according to Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, the statutory penalty is imprisonment for not more than three years or a fine not exceeding 20 million won, and thus, the prosecution is five years in accordance with Article 250 of the Criminal Procedure Act, Article 50 of the Criminal Act, and Article 249(1)5 of the Criminal Procedure Act.

However, it is evident that the instant public prosecution was instituted on November 21, 2016 after five years have elapsed since the completion of the criminal act.

Thus, the public prosecution of this case is dismissed in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act, since the statute of limitations has expired.