전자금융거래법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (1.5 million won in penalty) imposed by the court below is too unfasible.
2. Prior to the judgment on the grounds for appeal by the prosecutor’s appeal, the crime of transfer or acquisition of an access medium under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act is established by one crime for each access medium. However, since the transfer or acquisition of several access media at once is one act, each act constitutes a case where multiple access media are committed in violation of the Electronic Financial Transactions Act, and each act constitutes a commercial concurrent relationship.
It is reasonable to interpret (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Since the Defendant transferred each cash card connected to one’s own name bank account (Account Number C) and the national bank account (Account Number D) at the same time, the offense of violation of each of the above electronic financial transactions laws exists in a commercial concurrence relationship.
I would like to say.
Nevertheless, the lower court erred by omitting judgment on the relation to the receipt of crimes in violation of the Electronic Financial Transactions Act, and thus, the lower judgment was no longer maintained in this respect.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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 Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act of the Provisional Payment Order.