Acquittal of the accused shall be acquitted.

1. Except as otherwise provided for in other Acts, no person charged shall issue a transaction instruction in electronic financial transactions or transfer or acquire any access medium used to secure the authenticity and accuracy of users and the details of such transaction;

Nevertheless, around November 2014, the Defendant transferred a high-speed bus to the name in a new bank passbook (Account Number B) and a physical card in the name of the Defendant, which is an access medium in electronic financial transactions, using a high-speed bus at a high-speed bus terminal in Gangwon-do, Gangwon-do.

2. Determination

A. The crime of transferring an access medium under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act is established by one crime for each access medium. However, the act of transferring a number of access media simultaneously is one act of committing a crime of violating the Electronic Financial Transactions Act, and each crime is in a mutually competitive relationship.

It is reasonable to interpret the case (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). (b) According to the records, the Defendant was sentenced to a fine on October 8, 2015 by the Busan District Court for a violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on October 16, 2015 (Seoul District Court Decision 2015Da32184, Nov. 13, 2014); and the summary of the criminal facts thereof, “the Defendant sent and transferred the physical cards, etc. connected to the Defendant’s temporary bank account in the name of the Defendant from the original high-speed bus terminal (C) around November 13, 2014.

In fact, “the instant prosecution is recognized,” and it is recognized that the instant prosecution was filed with respect to the new bank passbook and e-mail card that was transferred at once with the above Saemaeul Credit Card.

Ultimately, the Defendant’s act of transferring multiple access media as above constitutes a crime of violating several Electronic Financial Transactions Act by one act.