Acquittal of the accused shall be acquitted.

1. Except as otherwise provided for in other Acts and subordinate statutes, no access medium used to issue a transaction instruction in electronic financial transactions of the substance of the facts charged of the instant case or to secure the authenticity and accuracy of users and the content of the transaction shall be transferred.

Nevertheless, on April 2014, the defendant transferred a passbook or cash card connected to the National Bank Account (Account Number: B) under the name of the defendant to a person who has no name at a closed place.

2. Determination

A. In the case of a violation of the Electronic Financial Transactions Act, one crime is established for each access medium, and the transfer of several access media in a lump sum constitutes a single act of committing several violations of the Electronic Financial Transactions Act, and each crime constitutes a mutually competitive relationship (see Supreme Court Decision 2009Do1530, Mar. 25, 2010). B. The evidence duly admitted and investigated by the court is acknowledged as follows.

① On July 2013, the Defendant established a juristic person “C” with the instruction of a person without his name, and opened approximately 10 bank accounts, including the national bank account, in the name of the said juristic person, and was issued a disposition of suspending indictment around December 26, 2013 on the basis of the fact that the access media, such as passbooks, check cards, and security cards connected thereto, were sent to a person with no name.

② Defendant opened a several accounts in the name of “C” and was investigated several times other than the above case by putting the name in secret. On the ground that the case was whose indictment was suspended and that there were circumstances that could have been disposed of together as an ordinary concurrent crime, the Defendant was subject to a disposition of suspension of indictment again.

③ The Defendant transferred not only the name of “C” but also the name of “C” bank account, SC bank account, our bank account, and the instant national bank account (B). The Defendant, at an investigative agency, transferred each of the above accounts under the name of “C” to the Defendant.