전자금융거래법위반
The judgment of the court below is reversed.
The sentence against the accused shall be 2,00,000 won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (2,000,000 won of fine) is too unreasonable.
2. Prior to judgment on the grounds for appeal by the defendant ex officio, Article 6 (3) 1 of the Electronic Financial Transactions Act provides that "no person shall transfer or acquire the means of access, unless otherwise specifically provided for in any other Act in using and managing the means of access." Article 49 (4) 1 of the same Act provides that "the person who has transferred or acquired the means of access in violation of Article 6 (3) 1 shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won." The above provision of the Act provides that "the person who has transferred or acquired the means of access in violation of Article 6 (3) 1 shall be punished by imprisonment for not more than three years, or by a fine not exceeding 20 million won. The crime of transfer or acquisition of the means of access provided for in the above Act is established only one crime by each means
(See Supreme Court Decision 2009Do1530 Decided March 25, 2010). Therefore, even though each Electronic Financial Transactions Act committed by the Defendant by transferring all means of access on the same date as in the facts charged, as in the case of the charges, is in a commercial concurrence relationship, the lower court omitted commercial concurrence while applying the statutes to the Defendant, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment. In this respect, the lower judgment was no longer maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
Criminal facts
The summary of facts and evidence recognized by the court is "1. The trial of the defendant" in the summary of the evidence.