The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Ex officio determination

A. Before determining on the grounds for appeal by the defendant, the crime of transferring or taking over the access media under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act is established by one crime for each access medium. However, since the act of transferring or taking over several access media in a lump sum constitutes a case where several access media are committed in violation of the Electronic Financial Transactions Act by a single act, each crime is in a commercial concurrent relationship.

It is reasonable to interpret the defendant as a whole (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). (b) According to the prosecutorial interrogation protocol, etc. against the defendant, the defendant is in a commercial concurrent relationship between the defendant and the defendant's violation of the former Electronic Financial Transactions Act on April 19, 2016, by opening the Nonghyup Bank Account (Account Number:O) and the National Bank Account (Account Number: AE) in the name of the limited company N around April 19, 2016, and sending all of the passbooks, OTP cards, cash cards, etc. connected to each of the above accounts to the place designated by G, etc. using Kwikset Service at the front of the same Goyangyang Tax Offices on the same day.

I would like to say.

Nevertheless, the lower court erred by misapprehending the law regarding the violation of each of the electronic financial transactions laws in this case as substantive concurrent crimes, and thus, the lower judgment was no longer maintained.

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 through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the relevant column against the defendant among the judgment below. Thus, it is subject to Article 369 of the Criminal Procedure Act.