The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (as to the part of the judgment below's acquittal), although it is apparent that the Defendant had finally transferred the ownership or right to dispose of the passbook in the name of the old juristic person established by him/her to C on the condition of receiving compensation, and this constitutes "transfer of access media" under the Electronic Financial Transactions Act, the court below acquitted the Defendant of this part of the charges, which is erroneous in the misapprehension of legal principles

2. Determination

A. The summary of this part of the facts charged is as follows: (a) the Defendant opened a bank account in the name of the Bank of Korea (J) in the name of the Bank of Korea (J) established as stated in the facts charged in the judgment of the court below at a point in the first and second order of May 2016, and transferred the passbook and cash card connected to the account to C on condition of receiving KRW 2.5 million; and (b) opened an account in the name of the Bank of Korea, such as the Bank of Korea, and transferred the passbook and cash card connected to the account to C in the same manner as indicated in the attached crime list.

B. The lower court’s determination 1) The acquisition of the access medium as prescribed by Article 49(4)1 of the Electronic Financial Transactions Act refers to the acquisition of the access medium by the transferor’s intention on the basis of the confirmed transfer of the right to ownership or disposal of the access medium. It is interpreted that the act of being leased or delegated for the temporary use is not included in the act of being delegated the right to ownership or disposal (see, e.g., Supreme Court Decisions 2011Do14913, Feb. 9, 2012; 2013Do404, Aug. 23, 2013). The access medium at issue of transfer in the instant case is the access medium under the name of the so-called old juristic person created by the lessor, including C and the Defendant, through the act of entering and exercising the right to ownership or disposal in the name of the head of the Tong, and thus, the act of the Defendant’s act of establishing the passbook in the name of the Defendant to C is an accomplice with the ownership or disposal right.