The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. We examine ex officio determination.

The lower court determined that the Defendant committed a violation of the Act on Electronic Financial Transactions in relation to the Defendant’s act of taking over the passbook and one cash card together with a password, as in the instant facts charged.

However, in cases where an access medium is transferred in violation of the Electronic Financial Transactions Act, one crime is established for each access medium. However, the aforementioned act of transferring multiple access media at once constitutes a case where several offenses are committed in violation of the Electronic Financial Transactions Act by a single act (see Supreme Court Decision 2009Do1530, Mar. 25, 2010, etc.). Such a legal doctrine equally applies to cases where multiple access media are transferred in violation of the Electronic Financial Transactions Act.

Therefore, the defendant's violation of the Electronic Financial Transactions Act due to the takeover of passbook and the violation of the Electronic Financial Transactions Act due to the takeover of the cash card is established, respectively, and each crime is in a commercial concurrent relationship.

I would like to say.

Nevertheless, the court below determined otherwise that the defendant violated one electronic financial transaction law, and thus, the court below erred by misapprehending the legal principles as to the evaluation of the number of crimes, which affected the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 after pleading.

Criminal facts

The summary of the facts charged and the evidence presented by this court is identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Act.

Application of Statutes

1. Article 49 of the Electronic Financial Transactions Act concerning criminal facts