For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the charge of violating the Electronic Financial Transactions Act, which is the ancillary charge, on the grounds that there was no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on interpretation of Article 6(3)2 of the Electronic Financial Transactions

On the other hand, the prosecutor appealed the entire judgment of the court below. However, regarding the violation of the Electronic Financial Transactions Act due to the transfer of the means of access, which is the primary charge, there is no statement in the petition of appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.