The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence duly adopted and investigated by the lower court, it is reasonable to view that the Defendant had the right to dispose of the means of access as stated in the facts charged against the Electronic Financial Transactions Act (hereinafter “instant facts charged”), and therefore, the Defendant’s act of creating the said means of access to a person who has no personal identity constitutes the transfer under the Electronic Financial Transactions

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts or misapprehension of legal principles.

B. The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment) is too uneased and unreasonable.

2. In a criminal trial on a mistake of facts or misapprehension of legal principles, the burden of proof for the criminal facts prosecuted shall be borne by the public prosecutor, and the conviction shall be based on the evidence with probative value sufficient to cause the judge to have a reasonable doubt that the facts charged are true, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

(1) In light of the records of this case, the court below found the defendant not guilty of this part of the facts charged on the ground that there is no evidence to prove a crime. In light of the records of this case, the judgment of the court below is just and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor. Thus, the prosecutor's assertion of misunderstanding of facts or misunderstanding of legal principles is rejected.

3. There is no new special circumstance or change of circumstances that can be reflected in the sentencing of the defendant after the decision of the court below on the assertion of unfair sentencing is rendered.

The records and arguments of this case, such as the defendant's age, character, character and environment, are shown.