The judgment of the court below is reversed.

The sentence shall be suspended against the defendant.

1. Summary of grounds for appeal;

A. The act of lending cash cards, etc., the means of access, in return for the promise of the primary assertion by the Defendant to receive compensation, constitutes the act of lending the means of access in return for compensation under the Electronic Financial Transactions Act.

B. Even without preliminary assertion, Defendant’s act of paying cash cards, etc. to the needy constitutes “transfer of access media” as provided by the Electronic Financial Transactions Act.

2. Judgment on the primary facts charged

A. On October 2013, the summary of the facts charged, the Defendant accepted the proposal that “to pay KRW 50,000 per day to the account holder who would allow him/her to use the passbook” by telephone from his/her poor name, and then, accepted it, and then conveyed cash cards and passwords connected to the agricultural bank accounts under the name of his/her father B (C) to his/her name in return for the payment of the means of access for electronic financial transactions.

B. Determination 1) The principle of no punishment without the law requires that a crime and punishment shall be prescribed by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority. In light of such purport, the interpretation of penal provisions should be strict, and an excessively expanded interpretation or analogical interpretation of the meaning of the express penal provisions to the disadvantage of the defendant is impermissible as it is against the principle of no punishment without the law (see, e.g., Supreme Court Decision 2012Do4230, Nov. 28, 2013). Meanwhile, the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”).

Article 6(3)2 prohibits “a person who borrows or lends a means of access with compensation” or “a person who borrows or lends a means of access with compensation” under Article 6(3)2 and Article 49(4)2 provides that “a person who borrows or lends a means of access in violation of Article 6(3)2,” and amendments thereto.