A defendant shall be punished by imprisonment for one year.

The defendant's violation of the Electronic Financial Transactions Act.

A. misunderstanding of facts (the violation of each Electronic Financial Transaction Act) only performed the role of receiving the means of access from other accomplices and withdrawing and remitting cash in compliance with the instruction of the total liability on the part of the Defendant. It cannot be deemed that the ownership or right to dispose of the means of access has been finally transferred from the owner of the means of access. Thus, it does not constitute “taking over the means of access” under Article 49(4) of the Electronic Financial Transaction Act

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

(a) Except as otherwise expressly provided for in any other Act, no person shall issue a transaction request in electronic financial transactions or transfer or acquire any means of access, such as an electronic card, used to secure the authenticity and accuracy of users and the details of transactions;

Nevertheless, around March 12, 2015, the Defendant acquired a total of seven cash cards as indicated in [Attachment 2] List 2 (Violation of Electronic Financial Transactions Act), including taking over G name bank cards (H) that were put in storage of goods through Kwikset service articles at the Large Disease Control Station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.

B. The lower court found the Defendant guilty on this part of the facts charged as evidence, and found the Defendant guilty on this part of the facts charged, such as the confession statement, the seizure protocol, the seizure list, the photograph of seized articles, and the photograph of printed articles.

C. 1 The term “acquisition” of the means of access as referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the transfer of the ownership or the right to dispose of the means of access on the basis of the transferor’s intention, and is merely leased or delegated for temporary use.