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The judgment below
Part concerning Defendant B and E shall be reversed.
Defendant
B Imprisonment for eight months, and Defendant E.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A (1) mistake of facts or misapprehension of legal principles regarding fraud, Defendant A (1) of the lower judgment, the Defendant did not have conspired to commit fraud with one another, and the Defendant was unaware of telephone financial fraud, and the act of withdrawing money using the cash card held by that person’s instructions was merely an act of fraud which has already been established by an accomplice, and (2) as to the violation of the Electronic Financial Transactions Act, the Defendant did not directly take over the same from the account holder of the passbook and cash card, but was delivered for temporary use of the passbook that had already been taken over by the account holder, etc., and even though it was not a definitive transfer of ownership or right of disposal, it did not constitute a means of access as provided by the Electronic Financial Transactions Act, the lower court found the Defendant guilty of each charges.
(2) The sentence of imprisonment (one year of imprisonment and confiscation) against the Defendant by the lower court on the grounds of unreasonable sentencing is unreasonable.
B. As to Defendant C (1) mistake of facts or misapprehension of legal principles, Defendant C (1) of the lower judgment: (a) there was no conspiracy to commit fraud with K and fraud as indicated in the lower judgment; (b) the Defendant did not know that it was a telephone financial fraud, but did not know that it was a telephone money fraud; (c) the Defendant was arrested on May 1, 2013 and did not participate in the crime until May 6, 2013; and (b) the Defendant did not directly take over the same from the account holder of the passbook and cash card or conspired to take over the same from the account holder; and (d) the Defendant was sent to the account holder for temporary use of the passbook that had already been acquired by a member of the telephone financial fraud organization; and (e) the ownership or the right to dispose was not finally transferred, which is the means of access as provided by the Electronic Financial Transactions Act.