Acquittal of the accused shall be acquitted.

1. The summary of the facts charged of this case is as follows: (a) no person transfers or takes over access media in using and managing access media, unless otherwise specifically provided for in other Acts; (b) the Defendant, on October 2017, received a proposal from a person in secret name, who assumes a liquor company in Seocheon-si B, Seocheon-si, the Defendant: (c) “I would pay KRW 2 million per one for the purpose of tax reduction or exemption of alcoholic beverages” from a person in secret name; and (d) transferred two copies of the physical card, which is the access media in the name of the Defendant (Account Number: E and F).

2. Judgment on the assertion by the defendant and his defense counsel

A. The alleged defendant and his defense counsel asserted that the prosecution of this case is pertaining to G bank access media and one-time access media in the case of violating the Electronic Financial Transactions Act already punished by the defendant, and that if several access media are transferred in a lump sum, the crime of violation of each Electronic Financial Transactions Act should be acquitted against the defendant, since the crime of violation of each Electronic Financial Transactions Act is in a commercial competition relationship.

B. Determination 1) The crime of transferring the access media 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 transferring multiple access media at once constitutes a crime of violating the Act on the Electronic Financial Transactions and Transactions by one act, and each crime is in a mutually competitive relationship.

In light of the records, it is reasonable to interpret (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). (2) According to the records, the Defendant was issued a summary order on Jan. 4, 2018 and issued on Jan. 20, 2018, and the summary order became final and conclusive (hereinafter “final and conclusive case”) on Jan. 20, 2018. The facts constituting the crime are that the Defendant would give KRW 2 million from a person who is not his name at the end of Oct. 2017, 201.