국민체육진흥법위반(도박개장등)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by eight months of imprisonment.
Seized evidence 10 shall be confiscated.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, confiscation, and collection) is too unreasonable;
2. Determination ex officio, the crime of transfer or acquisition of the means of access provided for in Article 49(4)1 of the Electronic Financial Transactions Act is established only once for each of the respective means of access. However, the act of transfer or acquisition at once of multiple means of access constitutes a single act that commits several crimes of violation of the Electronic Financial Transactions Act, and each crime is in a mutually competitive relationship.
(see Supreme Court Decision 2009Do1530, Mar. 25, 2010). However, according to the record, the Defendant may recognize the fact that he/she acquired the cash card and password under G around the end of May 2014, together with the cash card and password under G, and thus, each of the above crimes of violation of the Electronic Financial Transactions Act constitutes a commercial concurrent relationship.
Nevertheless, the court below erred by omitting commercial concurrence while applying the law, so the judgment of the court below is no longer able to be maintained in this respect.
3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. The written indictment under Article 48 subparag. 4 and Article 26(2) subparag. 1 of the National Sports Promotion Act (the point of designing, manufacturing, and distributing similar systems) regarding facts constituting an offense, and Article 49 of the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015) is written as “Article 47,” but it is obvious that the indictment is written as “Article 47.”
Paragraph 4(1) and Article 6(3)1(1)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;