The judgment of the court below is reversed.

Punishment against the Defendants shall be prescribed by imprisonment for eight months.

The seizure of articles 1 to 1.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (each of eight months of imprisonment and confiscation of the Defendants) is too unhued and unreasonable.

B. The sentence of the lower court is too unreasonable.

2. Prior to judgment on the grounds for appeal, Article 6(3)1 of the Electronic Financial Transactions Act provides that "no person shall transfer or acquire the means of access, unless otherwise specifically provided for in any other Act 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." The crime of transfer or acquisition of the means of access provided for in the above Act provides that only one crime is established for each means of access. However, where multiple means of access are transferred or acquired at once due to a single act and each crime is deemed to be in a mutually competitive relationship.

(see Supreme Court Decision 2009Do1530, Mar. 25, 2010). Therefore, the judgment of the court below is no longer maintained, since the defendants, as stated in the judgment of the court below, committed a violation of the Electronic Financial Transactions Act, which was established by taking over the passbooks and cash cards and passwords in a lump sum as stated in the same crime as stated in paragraph (1) of the judgment of the court below, are in a mutually competitive relationship. However, since the court below erred by omitting a mutually competitive relationship while applying the statutes, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's and the Defendants' assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.