Nevertheless, on June 2015, the Defendant issued four new passbooks, such as one bank passbook (Account Number B) and one bank account number under the name of the Defendant to a person who could not know that he/she would make 100,000 won per account at the time of transfer of the passbook at the time of discharge from active service located in Daejeon Dong-gu, Daejeon, and transferred the passbook, etc., which is the means of electronic financial transactions, to a person who is not aware of his/her account number.

2. According to the records on the market, on February 17, 2016, the Defendant was sentenced by the Busan District Court for fraud, violation of the Electronic Financial Transactions Act, and one year and two months, and the judgment was finalized on May 21, 2016. The facts constituting the crime include the following: “The Defendant shall be paid KRW 100,000 per head of the Tong at the center of Daejeon-dong-gu, Daejeon-gu, Daejeon-gu, and KRW 215 on June 2015 and shall be paid KRW 10,000 per head of the Tong-gu, and the Defendant shall be paid KRW 100,000 per head of the Tong-gu, and the new bank account (C), Han Bank (D), SC Bank (E), and community credit cooperatives (F) in each passbook, authorized certificate, physical card, and password.”

According to the above, since the crime of violation of the Electronic Financial Transactions Act is the same case concerning the account identical to the facts charged in this case, the above final judgment shall also affect the facts of the construction of this case.

If so, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.