전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. Before determining the grounds for appeal, the crime of transfer and acquisition of the means of access under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act is established by examining ex officio prior to the determination on the grounds for appeal: Provided, That the act of transfer and acquisition of several means of access at once constitutes one act of committing several crimes of violation of the Electronic Financial Transactions Act, and thus, it is reasonable to interpret that each act constitutes a commercial concurrent relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). Since the Defendant may recognize the fact that he/she transferred the passbook under his/her name and cash cards related thereto, each of the above crimes of violation of the Electronic Financial Transactions Act is in a commercial concurrent relationship.
Nevertheless, the lower court erred by omitting judgment on the relation to the receipt of each of the crimes in violation of the Electronic Financial Transactions Act, and thus, the lower court became unable to maintain any further judgment.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the crime of violating the Electronic Financial Transactions Act by transferring a passbook with more severe criminal situation);
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;