Acquittal of the accused shall be acquitted.

1. On May 28, 2014, the Defendant opened a passbook and opened a post office account (C) and a new cooperation account (D), and transferred an electronic medium to Kwikset service by obtaining cash cards from each passbook and delivering it to Kwikset service.

2. According to the records, on December 4, 2014, the Defendant issued a summary order of KRW 2 million as a result of the violation of the Electronic Financial Transactions Act at the Daejeon District Court’s order on December 4, 2014 with respect to the transfer of a passbook and card related to the new cooperation account as stated in the facts charged, and applied for formal trial on March 11, 2015, and the said judgment became final and conclusive upon being sentenced to a fine of KRW 1 million for the same crime as the above court’s 2014 high-scale2144, and the Defendant transferred the passbook and card of the post office account as stated in the facts charged in the instant case at the same time and at the above place.

According to the above facts of recognition, the crime of violating the Electronic Financial Transactions Act relating to the credit cooperative account, which was charged in the instant case, constitutes a final judgment, and the crime of violating the Electronic Financial Transactions Act relating to the post office account constitutes a concurrent relationship between a final and conclusive crime of violating the Electronic Financial Transactions Act and Article 40 of the Criminal Act in a case where the said crime is committed by transferring several means

(see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). Therefore, res judicata of a final and conclusive judgment extends to the facts charged in the instant case.

3. As such, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered against the defendant pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.