전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is a case where the delivery of the means of access to a lender is dolusently permissible to allow other persons to conduct electronic financial transactions at will using the means of access in return for obtaining a loan. However, the lower court which acquitted the Defendant of the facts charged of this case by misapprehending the legal doctrine and thereby adversely affecting the
2. In light of the circumstances stated in its holding, the lower court determined that it is difficult to view that the Defendant’s sending a e-mail card to a lender appears to have lent the means of access as a means of receiving a loan, and that it is difficult to view that the Defendant allowed another person to arbitrarily conduct electronic financial transactions using the means of access in return for receiving a loan.
The judgment below
Examining the reasoning of the court below in comparison with the evidence examined, the above fact-finding and judgment of the court below are just, and there is no error by misapprehending the legal principles, thereby affecting the
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.