Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall transfer or acquire a means of access.

Nevertheless, on May 2014, the Defendant heard the phrase “on the face of sending a passbook and a physical check from a person who has no name in the name of the deceased on the date,” and transferred the Defendant’s name Busan Bank passbook (Account Number D) and one copy of the physical check (including a password) to the above person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the details of deposits without passbook, receipts, details of transactions, and Acts and subordinate statutes on account transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defense counsel's assertion on the defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's defense counsel's assertion on the temporary use of the means of access is merely a delegation for the temporary use of the means of access, and it does not constitute a conclusive transfer of the means of access, since the defendant believed and temporarily sent the horses of a person without a name that "to certify him/her if he/she sends a passbook and a check card, and to deposit the benefit

However, the acquisition of the means of access referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the fixed transfer of the ownership or the right to dispose of the means of access on the basis of the transferor’s intent, and it is reasonable to view that the act of borrowing the means of access or of obtaining delegation for temporary use is not included in such act (see Supreme Court Decision 2013Do4004, Aug. 23, 2013). However, the Electronic Financial Transactions Act’s legislative purpose to ensure the safety and reliability of the transaction by clarifying the legal relationship of the electronic financial transaction (see Article 1), and the Electronic Financial Transactions Act’s comprehensive act of “transfer or acquisition” of the means of access.