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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence of the lower court (a fine of KRW 7.5 million) against the Defendant in the summary of the grounds for appeal is too unreasonable.
2. Prior to judgment on the grounds for appeal by the defendant ex officio, 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." Thus, the crime of transfer of the means of access provided for in the above Act provides that one crime is established per each means of access, and as such, it is reasonable to interpret that the act of transfer at once constitutes a single act that constitutes a crime of violating several electronic financial transactions and each crime is in a mutually competitive relationship.
(2) In light of the aforementioned legal principles, the Defendant issued a bank account (D) and cash card on November 1, 201, and each passbook and cash card on the account of the National Bank (E) and the National Bank account (E), and transferred the same to C simultaneously upon receipt of each passbook and cash card from each of the bank accounts (L) and the post bank accounts (M on February 25, 201) (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). According to the records duly adopted and examined by the lower court, the Defendant stated to the effect that the Defendant transferred the means of access to C simultaneously on the same day at each of the above national banks, the community credit cooperatives, and the post offices’ each on the same day. However, in light of the fact that the Defendant opened the bank account (E on November 17, 2011; on the other hand, the date of opening the bank account and the community credit cooperatives and the post offices’ each on January 16, 2016, 2011.