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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendants opened a bank account in the name of the juristic person and acquired passbook and cash cards by using the power of attorney, etc. delivered by the Defendants. Since the intent of the power of attorney delivered by the Defendants is “to delegate all business affairs concerning the bank of the juristic person,” the Defendants can be deemed to have been granted the right to dispose of the passbook and cash cards in their deposit account; and (b) the Defendants acquired financial benefits in return for the transfer of the above passbook and cash cards by the power of attorney, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
(a) No defendant B or an electronic financial business entity may transfer or acquire a means of access issued for electronic financial transactions by any financial institution or electronic financial business entity.
Nevertheless, the Defendant, on August 27, 2012, heard that he would offer face-to-face payment by opening a bank account in the name of the corporation C in front of the vice branch office of the new bank located in Busan-dong, Busan-dong, from a person whose name is unknown, and received the above C’s business registration certificate, proxy letter, etc. from the said person.
Accordingly, the Defendant entered the facts charged as of December 28, 2012 in the facts charged as of August 28, 2012, but it is apparent that it is a clerical error. Thus, it is corrected ex officio. In light of the Plaintiff’s Financial Center in Busan Shipping Daegu, the Defendant transferred KRW 100,00 to a new bank account in the name of the said C, which was opened by using the Defendant’s business registration certificate, etc. for the said C, which was issued by the said new financial center on the same day.
Dor. The defendant A shall be a financial institution or an electronic financial business operator.