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

1. The summary of the facts charged is that the Defendant either transferred, taken over, or set up a pledge upon any access medium used to give instructions for transaction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details, barring special provisions in other Acts, the Defendant transferred, on August 24, 2012, a deposit passbook (C) and an access medium used in electronic financial transactions, which is the cash card and password, in the name of the Defendant established at a location where the Bank of Korea additional pande of Geumcheon-gu Seoul Metropolitan Government Industrial Bank located in Geumcheon-gu, Geumcheon-gu, Seoul, around August 3, 2012.

2. Determination

A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction may be given, it should be determined in the interest of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense is contradictory or uncomfortable (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) As to the instant case, there is no direct evidence that corresponds to the part of the facts charged in the instant case that “the defendant transferred access media around August 24, 2012.”

(c)

In addition, in light of the following circumstances acknowledged by the record, it is difficult to readily conclude that “the Defendant opened a passbook, which is an access medium on August 3, 2012, and attempted to do so around August 24, 2012,” solely based on the provision of financial transaction information (Industrial Bank of Korea) and D’s statutory statement, an employee of the Industrial Bank of Korea, who was in charge of opening the passbook at the time, was in charge of the opening of the passbook.” There is no evidence to

① A deposit passbook (C) opened at the Industrial Bank of Korea located in Geumcheon-gu Seoul Metropolitan Government on August 3, 2012, the Industrial Bank of Korea was added to the deposit passbook (C) in the Defendant’s name, and related thereto.