The defendant shall be innocent.

Punishment of the crime

No person may transfer or acquire the means of access in using and managing the means of access.

around August 12, 2013, the Defendant transferred Kwikset Service employee who sent name-free winners of the name in front of our bank near Seoul Special Metropolitan City, Nowon-gu, to Kwikset Bank account (Account Number D) and security cards in the name of the Defendant. On or around the 13th day of the same month, the Defendant notified the name-free holders of the password (E) and telebanking number (F) by text messages. In return, the Defendant received a total of KRW 400,000 won from October 1, 2013 to February 4, 2014, and transferred the means of access to the name-free holders.

2. Article 2 Subparag. 10 of the former Electronic Financial Transactions Act provides for “electronic card and other similar electronic information” and “user numbers registered with financial institutions or electronic financial business entities” as the type of means of access to financial accounts. Article 6(3) prohibits, in principle, the act of acquiring or taking over the means of access. Article 49(4)1 of the former Electronic Financial Transactions Act provides that “any person who acquires or takes over the means of access in violation of Article 6(3) shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.”

In general, it refers to the act of transferring the right or goods to another person, and the interpretation of penal provisions should be strict, and the interpretation of the provision of a clear statement in the direction unfavorable to the defendant is not permitted in accordance with the principle of no crime without the law. It treats the transfer and lease under the Civil Act as a separate concept, and in order to actively cope with crimes using the so-called "botbook", the means of access is leased or lent by means of mediating compensation in order to cope with it.