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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts) is that the defendant delivered the access media of this case without having agreed on the time and method to get back the access media of this case and transferred it to a person with no name. However, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension
2. Determination
(a) No person charged may transfer any access medium for electronic financial transactions;
On March 3, 2014, the Defendant, using smartphones, connected to the fluench application using smartphones, and then, “The name account is required to operate the company,” and then, the Defendant would lend the head of the Tong at KRW 700,000,000 per month following the first month.
“The advertisement reported to the effect that it received the above proposal in contact with the person in secret name, and then opened the post office account (Account Number C) under the name of the Defendant at the post office located in the city of Jung-gu, Busan, and received the passbook and the check card. On the following day, the head of the Tong and the check card indicating the password on the convenience store near the Defendant’s house located in the Busan, Seo-gu, Busan, under the direction of the person in secret name (hereinafter “the access media of this case”) was kept and sent to the person in an irregular manner.
However, the Defendant did not have any way to actually receive the return of this case since he did not agree to the method and time of returning the account without knowing the personal information of the above person, the actual user of the access media of this case, or the access media of this case for any purpose, and delivered the access media of this case.
Accordingly, the Defendant transferred the access media for electronic financial transactions.
B. According to the records, the lower court determined that the Defendant only lent the instant access medium or temporarily allowed the Defendant to use it, and transferred the instant access medium with the intention to definitely transfer the right to dispose of it.