전자금융거래법위반
The judgment of the court below is reversed.
Defendants are not guilty.
1. Summary of grounds for appeal;
A. Defendant E (Defendant E) had the bank passbook and cash card in his name delivered to the person who was unaware of the name, but was unaware of whether the above act was unlawful at that time.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the court below against the Defendants (the defendants) is too unreasonable and unfair.
2. We examine the Defendants’ grounds for appeal ex officio prior to the judgment.
A. In using and managing the means of access, no person may transfer or take over the means of access, give compensation, or lend the means of access with compensation.
(1) On April 8, 2014, Defendant A paid the lending fee of KRW 400,000 per month to the recipient of the means of access, which is linked to the post office account (G) account under the above Defendant’s name, and lent the passbook and cash card to the recipient by way of delivering it to Kwikset service.
The Defendant C, on April 4, 2014, lent the passbook and cash card, which are the means of access connected to the said Defendant’s agricultural account (I) in front of the Seo-dong, Nam-gu, Gwangju, to the lending fee of KRW 5,90,000 per month, and lent it to the needy person by way of delivering it to Kwikset service.
On April 4, 2014, Defendant D lent the passbook and physical card, which are the means of access linked to the said Defendant’s agricultural bank account (L) in front of the Kucheon-gu K-si K-si K-si K-si, Seocheon-si, to be paid KRW 2,00,000 per month, and to be delivered to Kwikset service.
x. Defendant E shall be the Gyeyang-gu Incheon on April 4, 2014.