전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal seems to have been well aware of the fact that the defendant was investigated under the same suspicion in 2011, and that the defendant confirmed the content of the terms and conditions for the prevention of the passbook at the time of opening the passbook on August 21, 2014, and thus, it should be sufficiently recognized that the defendant had intention to commit the facts charged of this case. However, since the court below acquitted the defendant, there was an error of law by misunderstanding the facts.
2. The lower court rendered a not guilty verdict on this part of the facts charged while clearly explaining the grounds for its determination.
Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor cannot be deemed as proved to the extent that there is no reasonable doubt about the defendant's intentional existence of the facts charged in this case. Thus, the court below's judgment that acquitted the defendant of this part of the facts charged did not err in the misapprehension
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.