The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (misunderstanding of facts), the defendant transferred the passbook and check card to receive compensation, recognizing that it is difficult for the defendant to receive the passbook and check card in fact.

Therefore, although the facts charged in this case against the defendant can be fully recognized, the court below rendered a verdict of innocence against the defendant. The judgment of the court below is erroneous by misunderstanding facts, which affected the conclusion of the judgment.

2. Determination

A. On June 26, 2014, the summary of the facts charged in the instant case accepted the proposal that the Defendant would pay a face-to-face fee from a person who was in the name of the deceased and accepted it. On the same day, at the central park located in Jung-gu, Daegu-gu, Daegu-gu, the central park, around 11:00, the Defendant sent a passbook and physical card in the name of the Defendant’s bank account (Account Number C) through Kwikset services without any specific agreement on the return.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

B. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

The term "transfer" of an access medium under Article 49 (4) 2 of the Electronic Financial Transactions Act means a fixed transfer of the ownership or right to dispose of the access medium on the basis of the transferor's intent and does not include lending or delegation for temporary use.

A reasonable view is reasonable (see, e.g., Supreme Court Decision 2011Do14913, Feb. 9, 2012). The Defendant asserted that he/she lent a e-mail card, not by transferring it, only one day without any consideration, and that he/she would be returned on the following day. The evidence duly adopted and investigated by the lower court reveals the following circumstances, namely, ① the Defendant’s name-free person in an investigative agency and the e-mail card.