All of the appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant B, in collusion with Defendant A, participated in the storage of access media in the name of the I et al. as indicated in the lower judgment and the use of computers, etc., and according to the evidence submitted by the prosecutor, Defendant A’s conspiracy relation to the crime on June 27, 2015 is recognized. Thus, the liability for this part of the crime ought to be recognized as a joint principal offender.

In this regard, the lower court found Defendant B not guilty of this part of the facts charged by denying the public collusion relation as to Defendant B’s violation of the Financial Transactions Act and the fraud by using his computer, etc. on June 27, 2015. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence that the court below sentenced (defendant A: imprisonment for 8 months, 2 years of suspended execution, 3 million won of fine, 3 million won of fine) is too uneased and unfair.

2. Determination

A. On June 27, 2015, the Defendant violated the Electronic Financial Transactions Act, along with A, was waiting for the Defendant to receive a passbook to be used in committing fraud in accordance with the direction of “H” before Daejeon U.S. U., on June 27, 2015. As to the assertion of factual mistake, Kwikwikset service provider, in accordance with the direction of “H,” who set up a parcel containing a cash card of the No.C. (W) account in the instant building’s postal box, and received the password of the said account from “H.”

Accordingly, in collusion with A, the Defendant kept access media with the knowledge that it will be used for a crime or used for a crime in collusion with A.

B) On June 27, 2015, the Defendant received the cash card from the Agricultural Cooperative Account (W) in the name of V, as described in the foregoing paragraph (A), with A, as well as A, on June 27, 2015, and thereafter, upon the transfer of money to the said account under the direction of “H”, the Defendant would immediately withdraw the money.