The defendant shall be innocent.

1. On July 2014, the Defendant received a proposal and sent cash cards connected to the Samsung Securities Account (D) opened in the name of the Defendant through Kwikset service, and lent the means of access for consideration by notifying the Defendant of the password.

2. Determination

A. Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter the same) prohibits the act of lending the means of access for consideration. Article 49(4)2 of the same Act provides that “a person who lends the means of access in violation of Article 6(3)2” is punished. The former Electronic Financial Transactions Act amended by Act No. 13069, Jan. 2015 (amended by Act No. 13069, Jan. 20, 2015) prohibits “a person who lends the means of access in violation of Article 6(3)2 or 3” and Article 49(4)2 provides that “a person who lends the means of access in violation of Article 6(3)2 or 3.”

In light of the contents and purport of the provision, even if there is a need to punish a person who has promised to receive compensation and has failed to receive compensation, punishment for a violation of the former Electronic Financial Transactions Act due to the lending of a means of access under Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act is a final interpretation or analogical interpretation of the penal law, and thus, cannot be permitted against the principle of no punishment without law.

(see, e.g., Supreme Court Decision 2015Do354, Feb. 26, 2015). (B)

In this case, the fact that the defendant promised to receive compensation and lent the means of access is recognized, but only the evidence submitted by the prosecutor is the fact that the defendant received the compensation.