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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment of one year and four months, and by imprisonment of one year and six months, respectively.
(e).
Reasons
1. Summary of grounds for appeal;
A. The court below's sentence against the Defendants (Defendant A: imprisonment of one and half years, and Defendant B: imprisonment of two years) is too unreasonable.
B. The lower court’s sentence imposed on the Defendants is too uneasible and unreasonable.
2. Ex officio determination
A. Of the facts charged in the instant case, any person who is in violation of the Electronic Financial Transactions Act against the Defendants shall not engage in any act of keeping access media with the knowledge that it will be used for a crime or used for a crime. However, the Defendants conspired with the said H, etc., and kept the physical card and password of the post office accounts in collusion with the said H, etc. on Oct. 2, 2014, the Defendants received and kept access media to use them for a crime of fraud under the name of the Defendant, including giving a loan to Y, and keeping the physical card and password of the post office accounts in the name of Y from Oct. 2, 2014 to Dec. 2, 2014, as indicated in the list of crimes in the attached Table 16.
B. The lower court determined that this part of the facts charged constituted Article 49(4)3 and Article 6(3)3 of the Electronic Financial Transactions Act, and found the Defendant guilty.
(c)
The act of keeping access media with the knowledge that it is intended to be used for a crime of deliberation or that it will be used for a crime constitutes a crime pursuant to Article 49(4)2 and Article 6(3)3 of the current Electronic Financial Transactions Act, but the said provisions were newly established by the Electronic Financial Transactions Act amended by Act No. 13069, Jan. 20, 2015.
The above Articles shall enter into force from the date of their promulgation, and shall comply with the previous provisions in the application of penal provisions to the acts before their enforcement (see the Addenda of the same Act). From October 2, 2014 to December 2, 2014, the Defendants kept an access medium with the knowledge that they will be used for the purpose of using them for the crime or for the crime.
(b)if any;