사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment with prison labor for ten months.
Defendant No. 12 of seized evidence.
As long as the Defendants were arrested by police officers around May 21, 2013, the Defendants participated in or conspired to commit the fraud committed on May 21, 2013, the lower court found the Defendants guilty of this part of the facts charged, by misapprehending the legal doctrine as to the mistake of facts or accomplice, thereby adversely affecting the conclusion of the judgment.
Each sentence (one year of imprisonment) sentenced by the lower court to the Defendants (one year of imprisonment) is too unreasonable.
Judgment
Before determining the grounds for appeal by the Defendants, this paper examines ex officio the violation of the Electronic Financial Transactions Act among the facts charged.
1) The summary of this part of the facts charged is prohibited from taking over an electronic form card or a password necessary to use it in order to issue a transaction order in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details. Nevertheless, around May 20, 2013, A and B provided that a person who uses an ID “I” before H hotel located in Yongsan-gu Seoul Metropolitan City through Sk-si (skype), a smartphone (skype), notified the name, address, and cell phone number of a person who will transfer the passbook and cash card and collected it through the sk-line (skype), the said person received a passbook and a cash card from Kwikset service articles in collusion with the Defendant 17 of the Electronic Financial Transactions Act, including the receipt of a passbook and a cash card from Yongsan-gu to the Seoul Metropolitan Government (K) and then received a total amount of money from the Defendant 17 of the means of access as stated in attached Form 17 of the Electronic Financial Transactions Act.