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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (the violation of the Electronic Financial Transactions Act) ① Although the personal information of the person under the name of the head of the passbook was confirmed through an order to submit the passbook, the lower court did not examine how the person under the name of the head of the passbook was transferred to the Defendant and X, etc. through the above person under the name of the head of the passbook, ② around October 10, 2012, the Defendant was aware that the person was in contact with D and received cash cards in the name of a third party, and subsequently, the head of the passbook was established and the cash card was issued and delivered to X, etc., and accordingly, the Defendant can be deemed to have participated in the crime that had been delivered the means of access prior to the expiration of the acquisition act, unlike the lower court’s judgment, in collusion with D, in so doing, the lower court erred by misapprehending facts or misapprehending legal principles, thereby adversely affecting the conclusion of the judgment.
B. Defendant 1) misunderstanding of facts: (a) the Defendant found a business money from D; (b) the Defendant received a daily payment after receiving the request from D to withdraw cash; and (c) was unaware of whether the money was the source of damage caused by the singishing fraud; and (b) the Defendant lent the cash card upon the request from D that the money was lent for business necessity when in China, and there was no conspiracy with D, even though there was no intention to commit fraud or aiding and abetting fraud; (c) the lower court found the Defendant guilty of fraud or aiding and abetting; and (d) the lower court erred by misapprehending of facts, thereby adversely affecting the conclusion of the judgment; and (e) unjust sentencing is unreasonable.
2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles
A. No person who is charged with violating the Electronic Financial Transactions Act shall take over the means of access in electronic financial transactions.
Nevertheless, the defendant around October 2012.