The judgment below

The guilty portion shall be reversed.

Defendants shall be punished by imprisonment for one year.

The right to be seized shall be over 10 thousand won.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles (violation of the Electronic Financial Transactions Act) are those who received the means of access, such as a cash card, from the principal offender in so-called "Sphishing case" and withdrawn cash and received compensation therefor, and they did not have the intent to return the cash card to the principal offender of the cash card because their personal information was not properly known. In light of the fact that the cash card was withdrawn by using the cash card and then destroyed it, it is clear that the Defendants received the right to dispose of the cash card, not merely for borrowing the means of access or temporary use, but for the disposal of the cash card, and that the holder of the household cash card was issued the said cash card with the intention to temporarily use it for the loan of the baby who belongs to the financial fraud group.

Even though whether the means of access was acquired should be determined based on the internal intent of the Defendants and the persons who conspired to do so, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine on the ground that there is no evidence that the Defendants’ receipt of cash cards, etc. constitutes the acquisition by transfer under the Electronic Financial Transactions Act.

B. In light of the attitude of the Defendants, the damage was not recovered, and the social harm caused by Bosing, etc., the sentence imposed by the lower judgment against the Defendants (two years of suspended execution in one year of imprisonment) is too uneasy and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In using and managing the means of access, Defendant A cannot acquire the means of access unless otherwise specifically provided for in other Acts.

The defendant is raising Dongdaemun-gu in Seoul on May 8, 2012, according to the direction of a name-free winner, such as a one-time G president, etc.