The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal (misunderstanding of the facts and legal principles) is as follows: (a) the Defendant did not confirm the personal information of the recipient while the Defendant transferred the passbook to the needy person; and (b) did not determine the method to receive a return of the passbook; (c) the Defendant had the past record of being subject to a non-prosecution disposition after being investigated on suspicion of violation of the Electronic Financial Transactions Act by transferring the passbook; (d) the head of the passbook that the Defendant transferred was used for the singing crime; and (e) the Defendant verified that the application form for the deposit prepared by the Defendant was not subject to a request for lending the passbook from others; and (e) the Defendant sent a copy of the passbook and identification card by facsimile with the intention of transferring the ownership of the passbook to another person; and (e) the above act constitutes a transfer of an access medium under the Electronic

Nevertheless, the lower court erred by misapprehending the legal doctrine on “transfer of access media” under the Electronic Financial Transactions Act, thereby adversely affecting the conclusion of the judgment, by rendering a not-guilty verdict on the instant facts charged.

2. The judgment below held that Article 49 (4) 1 of the Electronic Financial Transactions Act is punishable by transferring or taking over an access medium in violation of Article 6 (3) 1 of the same Act, and that "transfer" referred to in the above subparagraph does not include simply lending an access medium or allowing temporary use of an access medium. The defendant was in a situation where a police officer is unable to obtain a credit card as an bad credit holder, but there was a text message stating that "to issue a credit card" as the defendant's cell phone around December 3, 2013, and even if the defendant was made a phone number, the defendant sent the passbook to the defendant by opening the account at the request of a post office and copying the passbook and identification card issued.