The defendant shall be innocent.

Except as otherwise provided for in any other Act, no person charged shall transfer any medium access to electronic financial transactions.

However, on September 2, 2014, the Defendant transferred the access media to financial institutions by issuing a passbook, check card, and the corresponding password to the personal compromise account under the name of the Defendant to a person who is unable to know his name through Kwikset Service Articles in front of Samcheon-dong, Samcheon-dong, Samcheon-gu, Busan-si.

Judgment

“The number of access media” referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the transfer of ownership or right to dispose of the access medium on the basis of the transferor’s intent, and is not included in the lease, or the delegation for temporary use.

It is reasonable to view that the Defendant’s access media (hereinafter “the access media of this case”) as indicated in the facts charged is used for the so-called “phishing crime” (see Supreme Court Decision 2011Do14913, Feb. 9, 2012). According to the evidence submitted by the Prosecutor, the access media of financial institutions as indicated in the facts charged by the Defendant (hereinafter “the access media of this case”) is recognized.

B. There is no objective evidence to know about whether the Defendant transferred the instant access medium. There is no objective evidence to know about the transfer process.

In the absence of objective evidence as to the transfer process of the access media of this case, the Defendant transferred the access media of this case with the intention of final and conclusive transfer of ownership or right to dispose of the said access media.

The recognition is insufficient, and there is no other evidence to prove it.

Rather, according to the Defendant’s statement, in order to obtain loans of KRW 10,000,00 from loan advertising letters, which the Defendant began to be 070,000, the Defendant requested loans in currency with the name in the above number’s name in September 2, 2014, and in order to obtain loans according to the direction of the name in the name in distress.