The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendants shall be punished by imprisonment with prison labor for one year and two months.

1. Summary of grounds for appeal;

A. Each sentence (one year and two months of imprisonment and confiscation) sentenced by the court below against the Defendants is too unreasonable.

B. The above punishment sentenced by the prosecutor by the court below against the defendants is too unhued and unjust.

2. Ex officio determination

A. Before determining on the number of defendants and prosecutor's grounds for appeal of the crime of violating the Electronic Financial Transactions Act, 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 labor for not more than three years or by a fine not exceeding 20 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, and the act of transfer or acquisition at once constitutes a case where several means of access are committed by a single act and each crime is deemed to be in a mutually competitive relationship.

(See Supreme Court Decision 2009Do1530 Decided March 25, 2010). Therefore, Defendant A, at the prosecutor’s office, made a statement to the effect that “When receiving a passbook or cash card, he/she has received a passbook or cash card at one time (which means a passbook or cash card for one account) and has been held at one time.” Defendant B made a statement to the effect that he/she had been held at one time. Defendant B made a statement to the effect that he/she had been held. Defendant B, at the prosecutor’s office around April 7, 2014, specified the date and time indicated in the annexed list of crimes (4) attached to the indictment, and newly granted a series of the same time.

Each means of access described in Nos. 1 was found, on April 9, 2014, the means of access described in Nos. 3 of the same Table at around 10:00, and on the same day at around 20:40.