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

1. On October 20, 2014, the Defendant: (a) received a proposal from a person with no name (title C) in front of the Socheon-si Station; (b) then sent the passbook (D) and the corporate bank passbook (E) opened in the name of the Defendant to the third person; and (c) received the notification of the password to the third person; and (d) transferred the means of access for consideration.

2. Determination

A. Article 2 Subparag. 10 of the Electronic Financial Transactions Act provides for “electronic cards and other electronic information equivalent thereto,” “user numbers registered with financial companies or electronic financial business entities,” and Article 6(3) prohibits, in principle, the act of transferring or taking over the means of access. Article 49(4)1 of the same Act provides that “any person who transfers or takes over the means of access in violation of Article 6(3)1” shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.

In general, it refers to the act of transferring the right, goods, etc. to another person. In light of the fact that the interpretation of penal provisions should be strict and that the interpretation of penal provisions is not permitted in accordance with the principle of no crime without the law, that it treats transfer and lease under the Civil Act as a separate concept, and that the prohibition and punishment provisions on the "act of lending or lending the means of access by means of payment" are separately provided in order to actively cope with crimes using the so-called "passbook" (Articles 6(3)2 and 49(4)2) of the Electronic Financial Transaction Act, the transfer under the Electronic Financial Transaction Act shall not include the act of lending or allowing the temporary use of the means of access.

Supreme Court Decision 201No. 5 Decided July 2012