The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal may be deemed that the defendant acquired the ownership or right to dispose of the above physical card and password, inasmuch as he/she was issued a physical card and password after opening an account under the name of the above company as a proxy of C Co., Ltd.

Nevertheless, the court below acquitted the defendant of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Article 49(4)1 of the Electronic Financial Transactions Act prohibits the act of “transfer” or “acquisition” in violation of Article 6(3)1 of the said Act. In addition, Article 49(4)1 of the said Act separately regulates prohibited acts that may undermine the safety and trust of transaction with respect to the means of access referred to in subparagraphs 1 through 10.

In addition, the interpretation of the penal law should be strict, and it is not permitted to expand or analogically interpret the meaning of the penal law in the direction unfavorable to the defendant because it is contrary to the principle of no punishment without law.

In light of the above, "transfer of access media" prohibited by the above Act means the act of definitely transferring the ownership or the right to dispose of the means of access to another person, and it does not constitute the act of simply delivering the means of access without acquiring the ownership or the right to dispose of the means of access.

On the other hand, according to the evidence duly adopted and examined by the court below, it was proposed that the defendant would offer a daily account in the name of the juristic person from a person who was absent from his name while seeking a job through the Internet site called Albacheon-gu, and received the certified transcript of corporate register and power of attorney of the corporation C, and received the above company's proxy account.