The defendant shall be innocent.

1. Unless otherwise specifically provided for in other Acts, no electronic card and any access medium necessary to use the card used to issue instructions to trade or to secure the authenticity and accuracy of the content of the transaction with users and information pertaining thereto shall be transferred to any third party in the facts charged of the instant case.

On February 5, 2015, the Defendant did not confirm the specific personal information of the deceased and the location of the office, without setting the specific time, place, and method to receive a return of the cash card, and transferred, on February 5, 2015, the cash card linked to the bank account (Account Number (Account Number (B) to the name needy through Kwikset service in front of the past region of Gangseo-gu Seoul, Gangseo-gu, Seoul.

2. Determination

A. Generally, the relevant legal doctrine refers to an act of transferring a right or an article to another person. Interpretation of the penal law should be strict, and excessively expanding or interpreting the meaning of the express provision to the disadvantage of the defendant is not allowed under the principle of statutoryism, the transfer and lease under the Civil Act is treated as a separate concept, and the amendment of the former Electronic Financial Transactions Act (Act No. 9325, Dec. 31, 2008) (amended by Act No. 9325, Dec. 31, 2008 to actively cope with a crime using the so-called “the act of lending or lending an access medium by mediating a consideration” (Articles 6(3)2 and 49(4)2) of the former Electronic Financial Transactions Act shall not include the act of simply lending or allowing a temporary use of the access medium (see Supreme Court Decision 2016Do1617, Jul. 16, 2016).