The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On October 16, 2014, the Defendant: (a) around 15:00 on October 16, 2014, transferred the means of access used in electronic financial transactions by providing the SC Bank passbook (Account Number F) and the cash card to the person under his/her name, without designating a specific time or place to receive the passbook from the E Sc Bank front of the E Sc market located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) providing the password of the account via the Kakao Stockholm message.

2. The “transfer” of a means of access, which is subject to punishment under the Electronic Financial Transactions Act, is a limited interpretation.

In other words, it is reasonable to view that “transfer” referred to in Article 49(4)1 of the Act refers to the acceptance that only the assignee can use “exclusive use without any time-limit” to the means of access related to the relevant account and the provision of subsequent means, i.e., the definitive transfer of the possibility of exclusive use of the means of access.

(In that “transfer” under Article 49(4)1 of the Act includes not only goods but also various information, such as electronic information, user numbers, life information, and passwords, cannot be interpreted as the same concept as the transfer of ownership or right to dispose of general goods or rights. Therefore, in cases where the transfer of exclusive use of a means of access does not reach a conclusive state of transfer due to the restriction on the period of use as the act of providing a means of access without compensation, it may not be included as the concept of “transfer” under Article 49(4)1 of the Electronic Financial Transactions Act, regardless of whether it is included in the concept of “a free lease” or “a delegation for use.”

In light of the above legal principles, the head of Tong and cash card are temporarily used to verify credit rating while taking a procedure for finding employment at the H Tax Accounting Office located in Gangnam-gu Seoul Metropolitan Government G building 705, which is a workplace presented by the defendant in this court.