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The defendant shall be innocent.
Reasons
No person who is the summary of the facts charged shall transfer a means of access, such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy of users and the details of transactions.
Nevertheless, on May 11, 2009, the Defendant transferred a female-friendly worker C’s deposit passbook (Account Number: D) and cash card, foreign exchange bank deposit passbook (Account Number: E) and cash card, cash card, bank deposit passbook (Account Number:F) and cash card, post office deposit passbook (Account Number: G account Number) and cash card, company bank deposit passbook (Account Number: G), and cash card, bank deposit passbook (Account Number: account number) and cash card, company bank deposit passbook (H: account number) and cash card.
Judgment
The term "transfer of access media" subject to punishment under Article 49 (4) 1 of the Electronic Financial Transactions Act refers to the transfer of ownership or right to dispose of means of access to another person in a fixed manner, and does not include gratuitous lending or delegation for temporary use. The evidence submitted by the prosecutor alone is insufficient to recognize that the defendant has transferred a bank deposit passbook, etc. under the name of the defendant to C as stated in the summary of the facts charged, and there is no other evidence to acknowledge it. Thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.