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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. No person charged with the instant case may transfer the means of access by financial institutions to any third person.
On October 2014, the Defendant received a proposal that he would give KRW 9 million if he sent a passbook from a person who was unaware of his name. On October 2014, the Defendant transferred the passbook, cash card, etc. connected to the Defendant’s name bank account (B) and the new bank account (C) to the Kwikset Service employee who sent the above name and sent it to the Kwikset Service employee.
2. According to the evidence duly adopted and investigated by this court, the defendant heard that he would give KRW 9 million per month if he/she lends the passbook from the above person who has failed to obtain the name, and sent the passbook to the person who has failed to obtain the statement as stated in the facts charged. The defendant sent the passbook to the person who has failed to obtain the return of the above passbook after the month from the above person who has failed to obtain the statement that he/she would return the passbook after the month from the above person who has failed to obtain the statement, and then the defendant can be found to have not actually received the price.
In light of these facts, although the above person who received the above passbook was thought not to return it, and the defendant was unaware of his identity, there was an objective agreement between the defendant and the above person who received the above passbook with regard to lending the above passbook, so the defendant cannot be deemed to have transferred the means of access, and there is no other evidence to acknowledge that the defendant transferred the means of access.
(B) The Defendant expressed “transfer” in a police investigation, but it appears to be a statement that “transfer” was made under the knowledge of accurate legal meaning. Furthermore, if the Defendant deemed to have lent the means of access, it is additionally determined whether the crime of violating the Electronic Financial Transactions Act is established.
The former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “former Electronic Financial Transactions Act”) Article 6.