The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. Determination

A. Article 6(3)1 of the Act on Electronic Financial Transactions provides that “No person shall transfer or acquire access media in using or managing access media unless otherwise specifically provided for in other Acts.”

Article 49(4)1 of the same Act provides that “A person who transfers or acquires any access medium 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 20,000 won. The transfer or acquisition of the access medium under the above provision of the Act constitutes one crime by each access medium. However, the transfer or acquisition of a number of access media at once constitutes a single act of committing a violation of the Act on Electronic Financial Transactions and Transactions and thus, each offense constitutes a mutually competitive relationship.

It is reasonable to interpret (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Such a legal doctrine applies to cases where several access media are transferred at one time to another.

Nevertheless, the court below found the defendant guilty of all the charges that the defendant transferred his debit cards and passwords connected to each account of two banks at once, but did not constitute a regular concurrence. The court below erred by misapprehending the legal principles on the violation of the Electronic Financial Transactions Act, and thus, it cannot be reversed.

B. We examine the reasoning of appeal, and examine the social harm caused by the phishing crime using another person’s account as serious, and thus requires a strict punishment for the crime of transfer of passbook. However, we examine the following factors: (a) the Defendant committed a crime in difficult circumstances; (b) the Defendant was led to a confession from the beginning; and (c) the Defendant’s age, sexual behavior, and family environment.