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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The lower court found the Defendant, who was the ancillary charge of this case, guilty of the violation of the Electronic Financial Transactions Act that the Defendant lent the means of access while promising compensation, and found the Defendant not guilty on the grounds of judgment regarding the violation of the Electronic Financial Transactions Act, which is the primary charge of this case.
With regard to this, only the defendant appealed against the guilty portion of the judgment below, and the prosecutor did not appeal against the acquittal portion of the reasoning.
In such a case, the part of acquittal in the reason is also transferred to this court along with the guilty part according to the principle of non-guilty appeal, but the above part of acquittal in the reason is already excluded from the object of attack and defense between the parties.
Therefore, the part on acquittal of the above reasons shall be governed by the conclusion of the judgment below, and it shall not be judged separately.
2. Summary of grounds for appeal;
A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, listens to the words “B” that it is necessary to verify the Defendant’s employment and does not deliver a e-mail card in return for the consideration of “employment”.
Nevertheless, the judgment of the court below which found the preliminary charge of this case guilty is erroneous in the misapprehension of legal principles.
B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.
3. Judgment on misconception of facts or misapprehension of legal principles
A. In using and managing the means of access to electronic financial transactions, no person who is the gist of the instant ancillary charge may engage in lending means of access while demanding, demanding, or promising to provide or manage the means of access, unless otherwise specifically provided by other Acts.
Nevertheless, the defendant, on May 25, 2017, is "overseas money laundering work" from his/her name-free person around 09:30.