전자금융거래법위반
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the lower court acquitted the Defendant of the facts charged in this case on the ground that the Defendant could sufficiently recognize that he/she transferred the instant physical card to his/her nameless person.
2. Examining the evidence of this case closely in light of the records, it is reasonable that the court below found the defendant not guilty of the facts charged of this case on the ground that the evidence alone submitted by the prosecutor for reasons as stated in its reasoning is insufficient to recognize that the defendant transferred the means of access, such as the physical card of this case, to a person with no name, as stated in the facts charged, without any reasonable doubt, and there is no error of mistake of facts as alleged by the prosecutor.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.