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

1. Except as otherwise provided for in any other Act, no person summary of the facts charged shall transfer any access medium used for electronic financial transactions;

On July 29, 2015, the Defendant: (a) registered a non-mediate medium transaction with the Defendant’s bank account (Account Number C) at the Eup/Myeon branch of the Kakao-Eup branch of the Kakao-si; and (b) transferred a financial institution’s access medium by transmitting the front photograph, password, non-media approval number, identification card photograph, etc. of the passbook connected to the said account to a person whose name cannot be known at a location below the Kakao-Eup branch; and (c) then, (d) transferred the front photograph, password, non-media approval number, identification

2. Determination

A. Article 49(4)1 of the Electronic Financial Transactions Act punishs the transfer or acquisition of access media in violation of Article 6(3)1 of the same Act. However, in the event that an access medium, such as deposit passbook, cash card, and password, is issued by the prosecutor stating that the lending would be done, and the issuance of the access medium is nothing more than entrusting the temporary use of the access medium, it does not constitute “transfer” of the access medium under Article 6(3)1 of the Electronic Financial Transactions Act (see Supreme Court Decisions 2011Do167, Jul. 5, 2012; 2013Do404, Aug. 23, 2013). However, according to evidence submitted by the prosecutor, if the Defendant’s temporary use of the access medium was delegated, it does not constitute “transfer” of the access medium under Article 6(3)1 of the Electronic Financial Transactions Act (see Supreme Court Decisions 201Do167, Jul. 5, 2012; 2013Do.

2) However, according to the records of this case, the Defendant, at the time of the police investigation, may make a credit card card from D, which was introduced by the director of the National Card Division of the Defendant around July 29, 2015.

“” is an identification card required for identification by telephone with a content and the front photograph of the head of the Tong stated in the facts charged, as well as the front photograph thereof.