The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it can be acknowledged that the defendant transferred a medium of access to electronic financial transactions, such as a physical card and password, in the name of the defendant, to a person who is not his/her name.

Nevertheless, the judgment of the court below that the facts charged of this case constitute a case where there is no proof of crime.

2. The summary of the facts charged of the instant case shall not be transferred or taken over, except as otherwise expressly provided for in any other Act, any electronic card used to issue instructions for transaction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions.

On June 18, 2014, the Defendant was proposed to lend cash cards, etc. from a person with no name to a third party.

The Defendant had previously sent the passbook and cash card to obtain a loan by means of such a prior lending, and had experience in not receiving a loan and receiving a return of the passbook, etc., so it may be impossible to receive the refund even if he sent the passbook and cash card to the above person without the name of the Defendant.

I think.

Nevertheless, around 15:00 on June 18, 2014, the Defendant transferred the access media for electronic financial transactions, such as the physical card and password of the bank account (C) in the name of the Defendant to the non-named person.

3. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

According to the evidence duly adopted and examined by this Court, the fact that the bank account of the Defendant on June 19, 2014 was used for the crime and the Defendant’s bank account was remitted money to the said account by the Defendant on the same day, and that the Defendant’s bank account was used for the said account by using the check card (credit number: D) connected to the said account on the same day.