The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) The prosecutor filed the instant prosecution by applying Articles 49 subparag. 4 subparag. 2 and 6 subparag. 3 subparag. 2 of the Electronic Financial Transactions Act to the facts charged that “the defendant sent a medium of access to his name in return for payment.”

Nevertheless, the lower court: (a) on the premise that the public prosecutor instituted the instant public prosecution on the charge that “the Defendant transferred the access medium to a person without the name of the victim, in violation of Article 49(4)1 of the Electronic Financial Transactions Act”; (b) the Defendant transferred the access medium on the premise that the instant public prosecution was instituted

The instant facts charged were acquitted on the ground that it cannot be determined as a person.

The court below erred by misapprehending the legal principles on the delivery of access media under Article 6 (3) 2 of the Electronic Financial Transactions Act, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of the instant case shall not be an act of delivering an access medium while demanding, demanding, or promising the use and management of the access medium.

On May 2017, the Defendant accepted the proposal that “a person who is in charge of accounting affairs is seeking access to a person who is in charge of accounting affairs, who is employed by the company, and is in charge of opening a financial account under the name of the corporation, and will give KRW 100,000 per account opened.”

On June 2, 2017, the Defendant opened a bank account in the name of C (D) at the Gambababbabbabbabbabbabbababbabbabbabbab, and received approximately KRW 400,000 in return, when he/she transferred the above account to a person who was under the name of Bambababbabb

On June 5, 2017, the Defendant opened a bank account in the name of F (G) at a branch of B Bank in the vicinity of Seoul E Station. On June 5, 2017, the Defendant transferred the above account’s passbook, check card, and OTP card to a person who was unaware of his name before the opening of the bank No. 1) and received KRW 100,000 in return.