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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for two years.
Seized No. 1.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of the legal principles (in violation of the Electronic Financial Transactions Act) the Defendant received passbooks and check cards from the Telecommunications Financial Fraud Group’s credit solicitation from N through Kwikset service and temporarily used them to withdraw cash at the upper direction. Therefore, there was no fact that the Defendant was a definitive transfer of ownership or right to dispose of the means of access.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts or misapprehension of legal principles.
B. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination, and the facts charged by the prosecutor as to the violation of the Electronic Financial Transactions Act, which became the first instance court, 3. A.
Around March 8, 2014, the Defendant filed an application for amendment to an indictment with the purport that “Around March 8, 2014, the Defendant acquired the means of access for electronic financial transactions in collusion with his name-free persons in collusion with the delivery of passbooks and e-mail cards from the subway station located in Seoul FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF
However, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and the following is examined.
3. Judgment on misconception of facts or misapprehension of legal principles
A. As to the violation of the Electronic Financial Transactions Act, no person may transfer, acquire, or lend a means of access for electronic financial transactions, unless otherwise provided for in other Acts.
The defendant is against the judgment of the court below 2014Kadan2326.