A. Fact-misunderstanding or misunderstanding of legal principles (the violation of the Electronic Financial Transactions Act due to the transfer of access media) used by users as a means of trading instructions to the Defendant’s unregistered electronic financial company, and it should be interpreted that the act of distributing the instant Capital Card to users from the unregistered electronic financial company constitutes an access medium under the Electronic Financial Transactions Act. The Defendants’ unregistered electronic financial company’ act of distributing the instant Capital Card to users is deemed to have transferred or lent it to its users by receiving access media from the bank. However, the lower court held that the Defendants’ act of issuing the instant Capital Card does not constitute a transfer of access media.

In light of the above facts charged, the court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. Each sentence sentenced by the lower court (2 years of suspended sentence of 8 months, Defendant B: 10 years of suspended sentence of 10 months) is deemed to be too uneasible and unfair.

2. Determination

A. Determination of misunderstanding of facts or misunderstanding of legal principles 1) The statutoryism requires that a crime and a penal punishment be determined by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority.

In light of such purport, the interpretation of penal laws and regulations shall be strict, and the interpretation or analogical interpretation of the explicit penal laws and regulations in the direction unfavorable to the defendant is not permitted as they are contrary to the principle of statutoryism (see Supreme Court Decision 2012Do4230, Nov. 28, 2013, etc.). 2) Access media under the Electronic Financial Transaction Act refers to “means or information used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.”