The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 8,00,000 won and by imprisonment of 10 months for each of the defendants B.

Defendant .

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (defendant A) Defendant A is merely a crime aiding and abetting the instant crime and cannot be deemed a joint principal offender.

B. The punishment sentenced by the lower court to the Defendants (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below as to Defendant A’s assertion of misunderstanding of the legal principles, and the evidence duly admitted and examined by the court below, Defendant A, upon Defendant B’s instruction, can be acknowledged that Defendant A received the above access medium by acquiring access media as stated in the facts charged and intended to use it for criminal acts (an illegal Internet shopping mall operation).

However, the core form of the instant crime is “the act of taking over an access medium to electronic financial transactions”. Defendant A participated in the instant crime, such as the above recognized facts, thereby exercising a functional control through the intrinsic contribution to the instant crime.

It is reasonable to see that Defendant A did not participate in the process of purchasing the above access medium, or he did not intend to operate the above illegal Internet shopping mall on the sole basis of the fact that Defendant A did not merely receive the value of his own name.

(1) The same does not apply to any other matter.

Therefore, the judgment of the court below that judged Defendant A as a joint principal offender for the instant crime is just and acceptable, and there is no illegality in the misapprehension of legal principles as alleged by Defendant A.

B. The transfer of access media for electronic financial transactions, such as the instant crime, to the Defendants’ assertion of unfair sentencing, is not only detrimental to the order of the electronic financial transaction, but also requires strict punishment as it is the means of crime such as Bosing and illegal gambling. Defendant A has the record of being punished for the same crime, and further Defendant B has re-offendered during the period of repeated offense.