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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.
2. Before deciding on the grounds for appeal by the defendant's ex officio, the crime of transfer or acquisition of the access media under Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act is constituted by one crime by each access medium. However, since transfer or acquisition of several access media at once constitutes a single act of committing several violations of the Electronic Financial Transactions Act, each crime is in a mutually competitive relationship.
It is reasonable to interpret (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). According to the records, the defendant opened a new bank account (Account Number: AA) and a national bank account (Account Number: A:Account Number) in the name of a limited company on April 8, 2016, and transferred a passbook, an OTP card, a cash card, etc. connected to each of the above accounts to the above accounts on April 11, 2016, and transferred a passbook, an enterprise bank account (Account Number: A:S) with the Korean bank account (Account Number: AS) connected to the above accounts on April 25, 2016, and transferred a passbook, an OTP card, a cash card, etc. in the name of the same company on April 25, 2016, and the facts that agricultural bank account was transferred to each of the above accounts on the account can be recognized as concurrent account under the Electronic Financial Card Act.
I would like to say.
Nevertheless, the lower court erred by misapprehending the judgment as to the relation of acceptance of crimes in violation of the Electronic Financial Transactions Act, and thus, the lower court’s judgment was no longer maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.