The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. The prosecutor charged the instant charges with the applicable provisions of law as “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act”.

Considering the time of crime and the time of prosecution (as of December 29, 2014), “Electronic Financial Transactions Act” in this context appears to mean “former Electronic Financial Transactions Act” in the following context.

No person shall borrow a means of access with compensation or lend a means of access with compensation.

Nevertheless, on October 28, 2014, the Defendant lent a credit card (Account Number D) and a physical check card under the name of the Defendant to the needy person in front of the Seodaemun-gu, Gwangju Mine District.

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 means of access in return for consideration” and Article 49(4)2 of the same Act punishs “the person who borrows or lends means of access in violation of Article 6(3)2.”

However, Article 6(3)2 of the amended Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “Revised Electronic Financial Transactions Act”) prohibits “the act of borrowing or lending means of access, or of keeping, delivering, or distributing means of access while demanding or promising compensation” and Article 49(4)2 of the same Act provides that “a person who borrows or lends means of access or distributes means of access in violation of Article 6(3)2 or 3 or a person who keeps, delivers, or distributes means of access” shall be punished.

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 borrowing the means of access with the promise of compensation, such an act is subject to Article 49(4) of the former Electronic Financial Transactions Act.