beta
Text
All of the Prosecutor and the Defendants’ appeals are dismissed.
Reasons
1. Grounds for appeal;
A. Regarding each violation of the Electronic Financial Transactions Act, each of the holders of the instant passbooks are the head of the Tong, the check card, etc. (hereinafter referred to as “the head of the Tong, etc.”) which is the means of access to electronic financial transactions.
In light of the fact that the other party's personal information, etc. was not verified as to the transfer, and that the specific time, place, method, etc. of returning the passbook, etc. was not determined, it shall be deemed that the right to dispose of the passbook, etc. was definitely transferred to the Defendants. Therefore, even though the Defendants were "acquisition", the lower court's judgment that was otherwise determined was erroneous in misunderstanding of legal principles and incomplete hearing. Even if the Defendants did not fall under "transfer", it cannot be readily concluded that the other party does not fall under "acquisition" immediately due to such circumstance, and even if there was no intention to return from the standpoint of the Defendants, the lower court's judgment that determined otherwise was erroneous in misunderstanding of legal principles even though there was no intention to return the passbook, etc.
B. Defendants: The sentencing of the lower court is too inappropriate.
2. Determination
A. According to the prosecutor’s erroneous determination of facts, misapprehension of legal principles, and incomplete hearing’s argument, the court below duly adopted and examined evidence, L, upon hearing the statement that “I shall send the interest to the investigating agency for a loan of KRW 5 million” and “I shall send the interest to the applicant for a loan of KRW 5 million” on March 28, 2013, and 50,000,000,000,000,000,000,000 won, including additional demand for the interest payment, was made. However, L refused to provide the loan only if I send the interest payment.
The person who has not received his name refers to "I will immediately borrow a loan when sending a passbook and a check card," and he has been using Kwikset service sent by the person who has not received the above name.