The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

No. 5 shall be forfeited from the defendant.

1. The sentencing of the lower court (one year of imprisonment, one year of confiscation) is too unreasonable.

2. Before determining the Defendant’s assertion of unfair sentencing, this paper examined ex officio the Defendant’s assertion of unfair sentencing.

The crime related to the means of access provided for in the Electronic Financial Transactions Act is established one crime for each individual means of access, and as such, the act of preserving several means of access simultaneously constitutes a single act that constitutes a crime of violating several electronic financial transactions and thus, it is reasonable to interpret that each crime is in a mutually competitive relationship.

(See Supreme Court Decision 2009Do1530 Decided March 25, 2010 (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). In this case, one crime is established for each physical card delivered on July 13, 2015 and kept by the Defendant at around 20:50, and the act of keeping it in one lump sum is in a commercial concurrent relationship. Thus, the lower court erred by misapprehending the legal doctrine on the number of crimes and by misapprehending the legal doctrine on the number of crimes.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act of the relevant Act concerning criminal facts, and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the custody of means of access for the purpose of using crimes);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Confiscation of the Criminal Act;