The defendant shall be punished by imprisonment with prison labor for the crime No. 1 of the judgment of the court below, and No. 2 of the judgment of the court below.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

Article 6(3)1 of the Electronic Financial Transactions Act provides that "no person shall transfer or acquire any means of access unless otherwise specifically provided for in other Acts 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 with prison labor for not more than three years or by a fine not exceeding twenty million won." The crime of transfer or acquisition of the means of access provided for in the above Act is established one crime per each means of access. However, since the transfer or acquisition of several means of access in one lump sum constitutes a single act of committing several crimes of violation of the Electronic Financial Transactions Act, it is reasonable to interpret that each crime is in a mutually competitive relationship (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Such legal doctrine applies likewise to cases where several means of access are offered at once.

Therefore, according to the evidence duly adopted and examined by the court below, the defendant, on April 12, 2013, received the F bank passbook, cash card, and its password from F before Eda located in Dongdaemun-gu Seoul, with a request to lend money from F, and then received 30,000 won from H within the above Eda, he received the F bank passbook, cash card, and its password, and f to f to cut off the F’s passbook, cash card, and password, and then delivered the above 300,000 won to F at once.