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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts and misapprehension of the legal doctrine) in light of the fact that the defendant was unaware of not only his name, personal information, etc. at the time of delivering the passbook, etc. to his name and the location and address of the accounting office that the defendant had decided to work, and that the bank did not take any measures to find out the passbook before the contact entered in writing, the defendant's act constitutes an "transfer" of the passbook and cash card, which is an access medium.
Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.
2. No person summary of the facts charged shall transfer a passbook, cash card, etc. which is a medium access to electronic financial transactions;
On October 16, 2014, the Defendant, without designating a specific time or place to receive the passbook from the E Sc Bank passbook located in Seodaemun-gu Seoul, Seo-gu, Seoul at around 15:00, the Defendant transferred the access media used in electronic financial transactions by issuing the SC Bank passbook (Account Number F) and the cash card in his name to the victims of the name, without designating the specific time or place to receive the passbook to be returned.
3. Determination
A. The lower court’s determination does not constitute a "transfer" under Article 49(4)1 of the Electronic Financial Transactions Act, in the event that the delivery of access media without compensation does not reach a conclusive transfer state of the possibility of exclusive use due to the restriction of the period, and thus, cannot be included in the concept of "transfer" under Article 49(4)1 of the Electronic Financial Transactions Act. Thus, while the Defendant undergoes the procedure of finding employment at the tax accounting office located in Gangnam-gu Seoul, which is the duty place where the person who was not the name was presented in the court of the lower judgment, and delivers the passbook and cash card temporarily to the person who was not the name, for the purpose of verifying credit
was known to the public.
(b) if the statements were made;