사기등
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Regarding the meaning of "transfer or acquisition of means of access" under Article 49 (4) 1 of the Electronic Financial Transactions Act with regard to erroneous determination of facts or misapprehension of legal principles (as to the violation of the Electronic Financial Transactions Act among the facts charged), the delivery of the means of access to the Defendants to the Defendants' accomplices shall be deemed as the act of transfer with the intent to finally transfer the ownership or the right to dispose of the means of access, and even if the intention of transfer cannot be acknowledged to L, in light of the legislative purpose of the above Act, the Defendants shall be interpreted as having received the means of access as "the intention of transfer" regardless of the transferor's intent. Nevertheless, the court below acquitted the Defendants on the ground that it is difficult to deem that the Defendants had acquired the means of access by erroneous interpretation based on L's intention and thus, it erred in the misapprehension of facts or by misapprehending legal principles, thereby affecting the conclusion of the judgment. 2) The judgment of the court below against the Defendants on unreasonable sentencing is too unreasonable.
B. The lower court’s punishment against the Defendants is too unreasonable.
2. Determination
A. On June 5, 2013, around 13:40 on the road in front of Suwon-gu, Suwon-si, the Defendants acquired the means of access used in electronic financial transactions by delivering the passbook of Kwikset Bank’s account and one cash card through Kwikset Bank’s personal services. (2) In light of the fact that Article 49(4) of the Electronic Financial Transactions Act provides for a separate element of the act of lending means of access by giving compensation in addition to the act of transferring or taking over the means of access (Article 49(4) of the Electronic Financial Transactions Act (Article 1) and receiving compensation for lending or receiving compensation for the means of access (Article 2).