beta
Text
The defendant is innocent.
Reasons
1. No person who is a major point of the facts charged shall deliver any access medium while demanding or promising to receive compensation in using or managing the access medium;
On May 2017, the Defendant accepted the proposal that “A person who is in charge of accounting affairs is seeking access to a person who is in charge of accounting affairs, who is employed by the company, and is in charge of opening a financial account under the name of the corporation, and is 100,000 won per account opened.”
1. On June 2, 2017, the Defendant opened a bank account under C (D) in the name of the bank located in the Gambabababbabbabbababbabbabbabbabbab, and, prior to the withdrawal of the name, the Defendant received approximately KRW 400,000 as consideration for the issuance of the passbook, the Cambabababab
2. On June 5, 2017, the Defendant opened a bank account in the name of F (G) at the B bank branch in the vicinity of Seoul E Station, and received KRW 100,000 as a consideration for the transfer of the passbook, eck card, and OTP card to a person who was unaware of his/her name before the withdrawal of the bank No. 1 in the Young-gu Station.
Accordingly, the defendant delivered the approaching media while receiving the price.
2. Determination
A. The transfer of access media as prescribed by Article 49(4)1 of the Electronic Financial Transactions Act refers to the acquisition of the right to own or dispose of the access media by the transferor’s intention (see, e.g., Supreme Court Decisions 2011Do14913, Feb. 9, 2012; 2013Do4004, Aug. 23, 2013). (b) The evidence duly adopted and examined by the court is as follows: (a) the Defendant reported the job-seeking notice on the Internet website around May 2017; and (b) the Defendant did not have his/her name around that time; (c) the Defendant promised to set up an account in the name of the Defendant Co., Ltd. with KRW 100,00 or KRW 150,000 per account in return for opening the account in the name of the Defendant Co., Ltd.; and (c) the Defendant issued the corporation’s resident registration certificate, a copy of representative resident registration certificate, and others.