The defendant shall be innocent.

1. The Defendant, around November 30, 201, notified the Defendant of the instant facts charged of the instant case’s card passwords by delivering one head of a Tong (C) and one cash card in the name of the Defendant at the street in front of the third party branch of Jeju Agricultural Cooperative Co., Ltd., which was located in 2135-11, 30, 201.

As a result, the Defendant transferred a password necessary for using the cash card and cash card, which is a medium access to electronic financial transactions, respectively.

2. The term “transfer” under Article 49(4)1 of the Electronic Financial Transactions Act refers to a fixed transfer of the means of access to the relevant account to the transferee so that only the transferee can exclusively use the relevant means of access without limitation. In cases where it is difficult to view that the recipient has finally transferred the means of access as there is a limitation on the period during which the act of providing the means of access without compensation.

The following circumstances are as follows in light of the above legal principles: (a) the Defendant’s account was used for the so-called “phishing” fraud of a person without a name; and (b) the Defendant stated from the police to the court that “it was sent cash cards connected to the lower account in order to obtain loans from the person without a name, and sent the cash cards to Kwikset Service, and notified the person without a name by telephone,” and (c) the Defendant stated to the effect that “the Defendant merely informed the cash card to the effect that he would have been used for the commission of the crime by harming the loan and informing the person with a name, and did not receive any compensation from the person with no name,” and that the Defendant could not find the grounds that he received the payment from the person with a name, and in particular, the Defendant stated to the effect that “the person with a name was returned the cash card when the loan was completed.”