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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 transfer a means of access for electronic financial transactions;
On March 2014, the Defendant: (a) contacted the Defendant with the Defendant’s name-based post office account (Account C) in the name-based post office located in Jung-gu, Busan, and received the passbook and the check card; and (b) kept the passbook and the check card (hereinafter “the instant means of access”) in the vicinity of the Defendant’s office located in the Busan, Seo-gu, Busan, and received the Defendant’s name-based personal identification number on the following day, and kept the passbook and the check card (hereinafter “the instant means of access”), which entered the Defendant’s personal identification number in the location of the Defendant’s office located in the Busan, Seo-gu, Busan, and received the Defendant’s name-based personal identification number.
However, the Defendant did not know the personal information of the above person who was not the victim, or the actual user of the means of access of this case, or the actual user of the means of access of this case, and provided the means of access of this case without having agreed on the method and time of return, so there was no way to receive the refund.
Accordingly, the Defendant transferred the means of access for electronic financial transactions.
2. Based on the determination, Article 49(4)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “Electronic Financial Transactions Act”) provides for punishment for “the act of transferring or taking over means of access in violation of Article 6(3)1 of the Electronic Financial Transactions Act.”
However, it is not allowed to strictly interpret and apply penal provisions in accordance with the language and text, and to excessively expand or interpret it in the direction unfavorable to the defendant. Article 49 (4) of the Electronic Financial Transactions Act is a storage medium.