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The defendant shall be innocent.
Reasons
Punishment of the crime
No person may transfer any means of access in using and managing the means of electronic financial transactions unless otherwise specifically provided for in any other Act.
Nevertheless, on May 16, 2013, the Defendant transferred the means of electronic financial transactions, such as the passbook (Account Number C), the passbook (Account Number D), the bank passbook (Account Number D), and the electronic identification card (Account Number E) issued together with the new bank passbook (Account Number E), to the above bearer, in return for receiving 150,000 won or more per day from the person in default of his/her name through the Gangseo-gu Seoul Metropolitan Government Kimpo Airport.
Judgment
1. The prosecutor indicted the above charged facts by applying Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act.
2. Article 49(4)1 of the Electronic Financial Transactions Act prohibits the act of “transfer” or “acquisition” in violation of Article 6(3)1 of the same Act. In light of the following: (a) the interpretation of penal provisions should be strict; and (b) the interpretation of penal provisions in a manner unfavorable to the Defendant is not allowed to expand or analogically interpret the meaning of penal provisions (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 201) in a manner unfavorable to the Defendant (see, e.g., Supreme Court Decision 2011Do7725, Aug. 25, 201) and the respective types of acts subject to punishment under the Act (transfer, transfer, and lending for consideration) the transfer under the Electronic Financial Transactions Act should be deemed as a final transfer of the possibility of exclusive use of the means of access
2. The judgment of this case returned to the health room, and the record reveals that the defendant opened and leased a passbook from a person who has no name to the name of this case, and heard the check card and password to the person who has no name of this case to make a settlement of the price on the face of the lease, and the original copy of the passbook was kept by the defendant.