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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 9 (one above) shall be confiscated.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and six months of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.
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." Thus, the crime of transfer or acquisition of the means of access provided for in the above Act provides that one crime is established for each means of access. However, the act of transfer or acquisition of a number of means of access at once constitutes a single act that constitutes a crime of violating several electronic financial transactions and thus, it is reasonable to interpret that each crime is in a mutually competitive relationship.
(2) According to the evidence duly adopted and examined by the lower court, the Defendant: (a) transferred several means of access on March 25, 2010 (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Therefore, according to the evidence duly adopted and examined by the lower court, the Defendant would be entitled to KRW 80,000 from “GPcccccccckbook” in the vicinity of the F, to receive KRW 80,000 from the name indissect; (b) the Bank of Korea (H) and the Cck card in the name of the Defendant through Kwikkset service; and (c) issued a password to the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in the name in question.