All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant received cash cards from accomplices and withdrawn cash and immediately returned them, the lower court found the Defendant guilty of this part of the facts charged even though it did not constitute the acquisition of the means of access under Article 49(4)1 of the Electronic Financial Transactions Act, on the ground that the Defendant’s receipt of cash cards is merely for temporary use, and does not constitute the acquisition of ownership or right to dispose of the means of access under Article 49(4)1 of the Electronic Financial Transactions Act. In so doing, the lower court erred by misapprehending

B. The lower court’s sentence (Defendant A: imprisonment of one year and six months and confiscation; imprisonment of one year and two months; Defendant C; imprisonment of a maximum term of one year and one year and two months; ten months and confiscation; Defendant D: imprisonment of a maximum of one year, a short term of ten months; imprisonment of a maximum of eight months; imprisonment of a maximum of eight months; imprisonment of a short term of six months; confiscation; Defendant E; imprisonment of eight months and eight months; Defendant F; imprisonment of a maximum of eight months; short term of six months; and confiscation) is too unreasonable.

2. Determination

A. As to Defendant E’s assertion of mistake of facts, the summary of the facts charged regarding Defendant E’s violation of the Electronic Financial Transactions Act is that “the Defendant, A, B, and D, in collusion with the person who was unaware of the name of the telephone financial fraud organization from April 3, 2014 to April 10, 2014, he/she acquired 19 passbooks and 26 cash cards from the person who was unaware of the name, as shown in attached Table No. 2 of the lower judgment.”

Here, it is clear that the recipient of the means of access is one or more of the defendants, A, B, and D who are the accomplices of this part of the Electronic Financial Transaction Act, and according to the description in the corresponding column of the crime list, the transferor is one or more of the co-offenders of the telephone financial fraud organization.

한편, 피고인, B, A에 대한 각 검찰피의자신문조서에 의하면 피고인은 이 사건 범행 직전인 2014. 4. 2. 또는 3.경 A과 QQ메신저를 통해 이 사건...