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The defendant shall be innocent.
Reasons
No person who is the summary of the facts charged shall transfer the card and password which are the means of electronic financial transactions, and the user number registered with financial institutions, etc.
Nevertheless, on February 4, 2013, the Defendant opened a passbook (Account NumberC) in his/her name at a point south of the New Bank Notes 7, 1315-4, Nam-gu, Incheon, Nam-gu, 1315-4, and opened an Internet banking network connected to the above account number and transferred a copy of the passbook, security card, and password to the person who has failed to obtain the name on the same day.
Judgment
1. The transfer under the relevant legal doctrine refers to the acceptance by the assignee that only the recipient can exclusively use the relevant account-related access medium and the provision of the subsequent means, namely, the definitive transfer of the possibility of exclusive use of the means of access.
2. On the other hand, according to the judgment of this case, if the defendant sent a copy of the passbook and a security card from a person who has no name, he shall hear the statement that he will return it along with the loan by raising the transaction performance, and then, he appears to have opened a copy of the passbook and a security card. As above, if the copy of the passbook and the security card were not available after the establishment of the security card, the defendant may directly suspend the transaction of the account in question. The defendant shall be deemed to have entrusted the use of the means of access as a lump sum because he would not be deemed to have transferred the means of access, and there is no other evidence to acknowledge it.
Therefore, the facts charged in this case are pronounced not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act.