Because these actions have to happen while logged in and usually will be obviuosly intentional, MS has much stronger ground on which to back their ban.The two are not mutually exclusive and indeed can be tied together (some achievement hacking is tied to hardware hacking) but they are also not necessarily tied together. This usually encompases poor behavior on live or hacking of any kind of stats tied to your account. Considering paid DLC and games are also tied to accounts, MS has to be careful about banning accounts when the user has plausible deniability that they logged onto a friends 360 or they bought the 360 used and didn't know it was modded etc.Account bans usually come from an action that violates your account activity on Life. Further more there proving the account holder knew the box was modified would fall on them, especially if they didn't want to refund the remainder of the paid account balance. MS bans the console for obvious reasons however prefers to leave the account active as they can then keep charging for your Live access.
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