The defendant shall be innocent.

1. No person charged is allowed to transfer any access medium under the Electronic Financial Transactions Act;

Nevertheless, on January 9, 2018, the Defendant: (a) placed a physical card connected to the B bank account (C) opened in the name of the Defendant in the name of the Defendant at the Goyang bus terminal located in Yongsan-gu, Yongsan-gu, Busan-si; and (b) transferred it to the non-resident by means of placing one copy of the physical card connected to the B bank account (C) in the name of the Defendant, and delivering it to the Busan High-speed bus consignee.

2. The transfer of an access medium as prescribed by Article 49(4)1 of the Electronic Financial Transactions Act refers to the definitive transfer of the access medium’s ownership or right to dispose of the access medium based on the transferor’s intent (see, e.g., Supreme Court Decision 2017Do9878, Sept. 21, 2017). The following facts and circumstances, which can be duly admitted by this court based on the evidence duly adopted and examined by this court, are as follows: (i) the Defendant is not for the use of the instant physical card without his/her name at his/her own discretion, but rather for the use of the card at his/her own discretion; and (ii) the Defendant appears to have delivered the instant physical card to the effect that it is necessary for the payment of the part-time fee to him/her; and (iii) the Defendant appears to have sent the instant physical card to the effect that the Defendant requested the return of the said card by using the French and written message after making the name known by the prosecutor.

It is difficult to see it.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, but the defendant does not consent to a public notice of acquittal, and thus, a public notice of the judgment of innocence is not ordered pursuant to the proviso of Article 58(2) of the Criminal Act.