Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The seized Samsung Doz. mobile phone is the mobile phone.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, who is not contrary to the law, has received the AB’s horse in trust and sealed boxes, and did not intend to acquire a physical card, which is an access medium.
B. The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The crime of transfer or acquisition of an access medium under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act is established as one crime for each access medium. However, the act of transfer or acquisition of a number of access media at once constitutes a single act of committing a violation of the Electronic Financial Transactions Act, and each crime constitutes a common concurrence relationship (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). According to the records of this case, since it is recognized that A received one copy of the check sent X from Kwikkset service article and delivered it to the Defendant, the Defendant committed a crime of violation of the Electronic Financial Transactions Act in collusion with A and each of the above crimes is in a common concurrence relationship.
In this regard, the court below held that the defendant committed a violation of the Electronic Financial Transactions Act, and therefore the judgment of the court below cannot be maintained as it erred in the misapprehension of law affecting the conclusion of the judgment.
B. Although the Defendant’s assertion of mistake as to the Defendant’s fact-finding is based on such ex officio reversal, the Defendant’s assertion of mistake as to the facts is still subject to the judgment of this court.
The lower court duly admitted and examined the following circumstances, i.e., AB, upon receipt of the goods from the Defendant, inform the Defendant of the distribution to him/her at that time:
In order to inform the Defendant of the dispatch, the Defendant lent the cell phone (spoopon) to which it is difficult to view it as a normal Kwikset service business.