전자금융거래법위반
The prosecutor's appeal is dismissed.
1. In light of the fact that the defendant did not specify the specific time or method to get back the passbook, etc., the court below acquitted the defendant of the facts charged in this case, despite the fact that he could have transferred the means of access as stated in the facts charged. The court below erred by misunderstanding of facts and misunderstanding of legal principles that affected the conclusion of the judgment
2. Examining the reasoning of the judgment below in light of the records of this case, in light of various circumstances acknowledged by the court below, there is not sufficient evidence alone submitted by the prosecutor that the defendant transferred the means of access as stated in the facts charged, and there is no other evidence to acknowledge this. Thus, the fact-finding and judgment of the court below that acquitted the defendant for this reason is just, and the judgment of the court below is not erroneous in the misconception of facts and misapprehension of legal principles as pointed out by the prosecutor, which affected the conclusion of the judgment
3. If so, the prosecutor's appeal 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.