The defendant shall be innocent.

1. No person who is a summary of the facts charged shall transfer any access medium used for electronic financial transactions to any third person;

However, on December 2013, the Defendant: (a) received a telephone from a person in the name of the deceased; (b) transferred, on January 4, 2014, the head of the Tong and cash card in the name of the Defendant’s account (D) and one copy of the passbook and one cash card (E) in the name of the Defendant’s post office account (hereinafter “each of the passbook and cash card”) from Kwikset, via Kwikset’s service, the Defendant transferred the access media to the name of the deceased.

2. Determination

A. The defendant and his defense counsel asserted at a soup room operated by the defendant

F and G did not pay soup fee, but if the head of the Tong lends the passbook, he would receive wages from the account and pay soup fee.

The media of this case is not opened, transferred, or lent to them.

B. Generally, a transfer of relevant legal principles refers to an act of transferring a right or an article to another person. In light of the fact that the interpretation of penal laws should be strict, and that excessively expanded or analogical interpretation of the meaning of a provision disadvantageous to the defendant is not allowed in light of the principle of statutoryism, it shall not be deemed that the “transfer” under the Electronic Financial Transactions Act does not simply lend an access medium or allow a temporary use of the access medium (see Supreme Court Decision 2011Do167, Jul. 5, 2012).

Judgment

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant transferred the instant access medium.

(1) The defendant denies in this court.