The part of the judgment of the court below against the defendant except the compensation order shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the determination of the grounds for appeal on the grounds for appeal, as to the violation of the Electronic Financial Transactions Act of October 15, 2007 among the facts charged in the instant case, and the violation of the Electronic Financial Transactions Act of October 2013 [Attachment 8128] and the non-permanent violation of the Electronic Financial Transactions Act of October 2008.

A. On October 15, 2007 of the case No. 2013Da3707, the violation of the Electronic Financial Transactions Act (see, e.g., Supreme Court Decision 2013Da3707, Oct. 15, 2007) (1) The summary of the facts charged in this part is as follows: (a) the Defendant requested E to create and request a passbook to use for fraud; (b) and (c) around October 15, 2007, the Defendant was given 5,470,000 won in total of 31 financial accounts and cash cards, etc., as shown in the List of Crimes (I) in the judgment of the court below, such as the Gmaart, located in Jinju-si, and then received them

Accordingly, the Defendant acquired the means of access to electronic financial transactions.

(2) The lower court found the Defendant guilty of this part of the facts charged on the basis of the evidence indicated in the lower judgment.

(3) According to Articles 49(5)1 and 6(3) of the former Electronic Financial Transactions Act (amended by Act No. 9325 of Dec. 31, 2008; hereinafter “former Electronic Financial Transactions Act”), the statutory penalty is either imprisonment with prison labor for not more than one year or a fine not exceeding ten million won. Thus, Article 250 of the Criminal Procedure Act, Article 50 of the Criminal Act, Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), Article 249(1)5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007).

However, this part of the public prosecution is clearly recorded on July 5, 2013 after three years from October 15, 2007 when the criminal act was completed (the account part of the crime list was opened on October 30, 2007, but three years have passed since the date was regarded as the date of the crime). This part of the public prosecution is the facts charged.