The part of the judgment of the court of first instance against the Defendants and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A shall be sentenced to two years of imprisonment;

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance court: 2 years of imprisonment, and the second instance court: 5 months of imprisonment) is too unreasonable.

B. Defendant C (A) misunderstanding of facts) Defendant C merely transferred access media to a person who is not his/her name, but did not conspired to open his/her name with the person who was not his/her name or his/her gambling.

Defendant

C did not have received a proposal from a person who was not the first police officer to withdraw cash on October 2015, and Defendant A and D have withdrawn cash from December 2016.

Defendant

C did not receive the payment for the cash withdrawal from a person who is not injured by his name or Defendant A and D.

B) Defendant C did not receive from Defendant A access media listed in the list of offenses in the attached Form No. 1 in the first instance judgment.

Defendant

A directly transferred the above-mentioned access media to a nameless person.

2) Defendant C was punished on March 2016 for the crime of which access media was transferred to a person who is not his/her name, and the crime of this case and the crime of this case are all crimes.

B) In light of the status of Defendant C or the degree of participation in the crime, Defendant C’s act constitutes aiding and abetting, and does not constitute a joint principal offender.

C) An act of conveying an access medium between accomplices is not included in the concept of transfer as defined in the Electronic Financial Transactions Act.

3) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the Defendants prior to the judgment.

A. Defendant A filed each appeal against the judgment below, and this court decided to hold concurrent hearings of the above appeal cases.

Defendant

Each crime of the judgment below against A is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single punishment within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this respect, the part against Defendant A among the judgment of the judgment of the court of first instance and the judgment of the court of second instance can be maintained.