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

1. No person who is a summary of the facts charged of the instant case shall issue a transaction request in electronic financial transactions or transfer a means of access, such as an electronic card or password, used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, around November 27, 2013, the Defendant sent the means of access to each of the passbooks, cash cards, and passwords of post office accounts opened in his own name on the same day in the vicinity of the Defendant’s house in Gwangju Mine-gu, and the post office accounts opened in his own name on the same day, through Kwikset Service, on the condition that the Defendant would receive KRW 1 million per each account.

2. Determination

A. Article 2 Subparag. 10 of the Electronic Financial Transactions Act provides for “electronic cards and other electronic information equivalent thereto,” “user numbers registered with financial companies or electronic financial business entities,” and Article 6(3) prohibits, in principle, the act of transferring or taking over the means of access. Article 49(4)1 of the same Act provides that “any person who transfers or takes over the means of access in violation of Article 6(3)1” shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.

In general, it refers to the act of transferring the right, goods, etc. to another person, and the interpretation of penal provisions should be strict and the interpretation of penal provisions 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 the prohibition and punishment provisions on the "lending or lending the means of access by means of payment" are separately provided in order to actively cope with crimes using the so-called "bagbot passbook" in order to cope with such crimes.