A defendant shall be punished by imprisonment for one year.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the term "when the reason for return" under Article 134 of the Criminal Procedure Act means cases where it is evident that the victim under private law has the right to request the delivery of the seized article, and in fact, where there is a doubt about the above claim for delivery, it cannot be said that there is a clear reason for return (see Supreme Court Order 84Mo38, Jul. 16, 1984). The same applies to cases where the victim is returned or delivered pursuant to Article 333 of the Criminal Procedure Act.

이 사건 범행은 피고인이 성명불상자와 공모하여 이메일을 해킹한 후 해킹된 이메일 계정을 이용하여 그 거래상대방인 피해자들에게 거래대금의 입금계좌가 변경되었다는 내용의 이메일을 보내 피해자들을 기망하는 방법으로 거래대금을 중간에서 가로챈 것이다.

Therefore, the existence of the victim's claim for delivery of the seized evidence Nos. 1 through 3 (hereinafter "the seized article of this case") is determined depending on whether the victims' act of payment of the transaction amount can be seen as effective, and as long as the nationality of the victims or the applicable law is not clear and there is room to deem that the defendant's payment of the transaction amount is effective in accordance with the judicial provisions of the pertinent country (i.e., the payment of the transaction amount of the victims is valid by asking for the expression responsibility for failure to properly manage the e-mail account to the person who stolen the e-mail account, and if the payment of the transaction amount is valid, the victims cannot exercise their claim for delivery of the seized article of this case).