The defendant shall be innocent.

1. No person charged of the instant case shall transfer or acquire a means of access or establish a pledge in order to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction;

Around August 20, 2011, the Defendant transferred one copy of a passbook from the name of the Defendant under the name of the agricultural cooperative (D) established at the FFF C branch in FFF branch in GFFF branch in FFF branch in FFF branch in FFF branch in FFC.

Ultimately, the Defendant transferred the means of access to another person.

2. The term “transfer” under Article 49(4)1 of the Electronic Financial Transactions Act refers to a fixed transfer of the means of access to the relevant account to the transferee so that only the transferee can exclusively use the relevant means of access without limitation. In cases where it is difficult to view that the recipient has finally transferred the means of access as there is a limitation on the period during which the act of providing the means of access without compensation.

The following facts in light of the above legal principles, namely, ① the account in the Defendant’s name was used for the so-called “phishing” fraud of a person who was unable to obtain a loan, ② the Defendant stated from the police to the fact that “the credit rating should have been obtained to obtain a loan,” and that “the Defendant sent the passbook through a door-to-door engineer,” and stated to the effect that “the Defendant sent the passbook.” In addition, the Defendant stated to the effect that “a loan was granted, and there was no fact that he was unaware of the fact that he would have been used in committing the crime,” and that there was no ground that the Defendant was paid the price from the person who was not the name-to-face, and ④ the Defendant stated to the effect that “the person who was unable to obtain the name was returned the passbook upon the completion of the loan,” and that the Defendant did not actually receive the loan.