All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year and two months, respectively.

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant A (unfair form of punishment) is too unreasonable.

B. The prosecutor (1) misunderstanding the legal principles (based on embezzlement), aiding and abetting the fraud by providing Bosing staff with a passbook and cash card, and withdrawing the money transferred by the victims to the deposit account in the name of the Defendants constitutes a crime of fraud, not a crime of fraud, but a separate crime of embezzlement.

(2) The lower court’s sentence on the Defendants of unreasonable sentencing is too unreasonable.

2. Determination

A. The crime of transferring the means of access provided for in the Electronic Financial Transactions Act ex officio determination as to the number of offenses committed by the crime of violating the Electronic Financial Transactions Act is established. However, since the act of transferring multiple means of access to one person on December 4, 2014 constitutes one act of committing several crimes of violating the Electronic Financial Transactions Act, each act constitutes the case where several crimes of violating the said Act are committed, it shall be interpreted that each act is in a mutually competitive relationship (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). In the facts constituting the crime of the lower judgment, (i) Defendant A transferred each passbook and cash card connected to the nameless person’s bank, our bank, and company bank account on November 2014; and (ii) Defendant B transferred each passbook and cash card connected to one bank account on the same date and at one bank account on December 4, 2014; and thus, the lower court erred by misapprehending the legal doctrine as to the substantive and concurrent relationship between the crime and the judgment.

B. As to the prosecutor’s assertion of misapprehension of the legal principles as to embezzlement among the facts charged in the instant case (1) Defendant A’s summary of the facts charged is the name of the victim, i.e., Bophishing fraud, the victim, on Nov. 7, 2014 and Feb. 16, 2015.