The defendant is not guilty. The summary of the judgment against the defendant shall be published.

At around 10:00 on November 30, 2013, the Defendant transferred the means of electronic financial transactions by receiving a cash card linked to the passbook under the name of the Defendant (agricultural Cooperative C) from the street in front of the Seocho-gu Mupupupupupupup, the Defendant: (a) notified the account number of the passbook and the cash card password; (b) notified the account number of the passbook and KRW 50,000 in cash; and (c) transferred the means of electronic financial transactions.

Judgment

The term "acquisition of the means of access" under Article 49 (4) 1 of the Electronic Financial Transactions Act means the transfer of the ownership or the right to dispose of the means of access on the basis of the transferor's intention, and it is reasonable to deem that the act of lease or the delegation for temporary use is not included therein.

(see Supreme Court Decision 2011Do14913, Feb. 9, 2012). According to the evidence submitted by the prosecutor, the fact that the means of access, such as cash cards, etc. (hereinafter “the means of access in this case”) as stated in the facts charged by the Defendant, was used for the so-called Bosing crime is recognized.

Furthermore, there is no objective evidence to know whether the Defendant transferred the means of access in this case or not.

In the absence of objective evidence as to the details of the transfer of the means of access in this case, it is insufficient to recognize that the Defendant had transferred the means of access in this case with the intent to finally transfer the ownership or the right to dispose of the means of access in this case, and there is no other evidence

Rather, according to the Defendant’s statement, a request for a loan was made in currency with a person in charge of the mutual savings bank around November 27, 2013 or around the 28th of the same month in order to obtain a loan from the Defendant by stating that the person in charge is able to execute the loan if he/she submits to the Defendant with a medical insurance qualification certificate, resident registration certificate, abstract of resident registration certificate, certificate of personal seal impression, agricultural bank passbook, cash card, etc.