The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant only delegated the lending business operator to temporarily use the passbook and cash card, and does not definitely transfer it to the lender. However, this is merely limited to the typical vindication of the person subject to investigation due to the suspicion of violating the Electronic Financial Transactions Act. The Defendant does not at all confirm the name of the lending business operator's trade name and location of branch, etc. while communicating with the lending business operator, and did not specify the lending business operator's name and the cash card, the Defendant did not transfer the passbook and the cash card to the lending business operator through Kwikkset service, the address and method of return of the annexed passbook and cash card to the lending business operator, and the Defendant lost the passbook at the early stage of the investigation.

When considering the fact that the defendant had made a false statement, the court below accepted the defendant's statement without credibility and acquitted the defendant of the facts charged of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Article 49(4)1 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter “the Act”) punishes the transfer or acquisition of an access medium in violation of Article 6(3)1 of the Act, and where an access medium, such as deposit passbook, cash card, and password, is delivered on the speech that the owner would provide a loan, it does not constitute “transfer” of the access medium as referred to in Article 6(3)1 of the Act, unless it is merely delegated the temporary use of the access medium.

In such cases, whether the delivery of the access medium is merely a mere delegation of the temporary use of the access medium or a transfer of the access medium is limited to the motive and background of the delivery of the access medium, the relation between the school and the school and the school.