The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of seven months.

seizure.

1. Summary of the grounds for appeal;

A. Legal principles or the transfer and acquisition of the means of access referred to in Article 49(4)1 of the Electronic Financial Transactions Act means the transfer and acquisition of the right to own or dispose of the means of access on the basis of the transferor’s intention. The transfer and acquisition of such means of access are deemed to have been terminated when the transferor transfers possession of the means of access to the transferee.

However, the court below found Defendant A guilty on this part of the facts charged by misapprehending the legal principles of the Electronic Financial Transactions Act, although there was no evidence that Defendants A had conspired to commit the crime before reaching the expiration of the acquisition, and the Defendants, who had no ownership or right to dispose of the means of access, are merely merely merely merely a material fact of the original facts charged (Article 1-2 (b) and (b) (3) of the original facts charged in the original judgment) or a material fact to others (Article 2-2 (b) and (3) of the original facts charged in the original judgment) and cannot be deemed a conclusive transfer and transfer of the right to own or dispose of the means of access based on the intention of the transferor.

B. The sentence imposed by the lower court (one and half years of imprisonment for Defendant A, and eight months of imprisonment for Defendant B) is too unreasonable.

2. Judgment on the misapprehension of legal principles and misconception of facts by the Defendants

(a) No person who is a summary of the facts charged shall transfer or acquire the passbook, physical card, password, etc., which is the means of electronic financial transactions, or establish a pledge thereon;

(1) On July 25, 2012, at around 15:40-17:00 on July 25, 2012, Defendant A, in collusion with (A), I, AD, AE, and BC staff, in the name of the corporate bank passbook (AJ) and AC in the name of Z from the first floor G office of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.