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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 73 through 90 shall be confiscated.
(e).
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant received a cash card and received a cash card and received the statement from C to make cash withdrawals at the bank and withdrawn cash twice. Since C and D et al. did not know that they received a deposit passbook and cash card or used it for a telephone financial fraud crime, the judgment of the court below which found the Defendant guilty of all the charges, despite the fact that they did not commit a crime in collusion with them, there is an error of misunderstanding of facts.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is unlimited and unfair.
2. Determination
A. Prior to the judgment on the grounds of appeal for ex officio determination, the prosecutor applied for changes in indictment with respect to each charge of violating the Electronic Financial Transactions Act against the accused as stated in the annexed list of crimes. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. According to the evidence duly admitted and examined by the court of first instance, such as D, B, C, and K’s protocol of interrogation of each prosecutor’s protocol, protocol of interrogation of a part of the Defendant’s prosecutor’s office against the Defendant, and protocol of seizure, the Defendant, while recognizing the overall content of the crime, such as that other accomplices, such as D, C, and B, acquire another’s means of access for the purpose of acquiring property benefits through telephone financial fraud, as shown in the attached list of crimes (excluding section 91) D, C, B, and the Defendant alone or in collusion with them, acquired the means of electronic financial transactions, such as deposit passbooks, or withdrawn cash.