A. misunderstanding of facts or misunderstanding of legal principles as to the purchase of "gsh", which is the game money of the Internet game site, and then acquired profits by selling it. Since the money paid by the Defendant to the clients is merely the purchase price of "gnch" and the Defendant cannot be deemed as the interest on the trade difference acquired by selling "gnch", the above act of the Defendant cannot be deemed as "loan", and on the other hand, the "gnch" purchased from the clients cannot be deemed as "goods or services" under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and therefore, the above act of the Defendant cannot be established as a violation of Article 72 (1) 4 (b) of the Act

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, and four million won of fine) is too unreasonable.

2. Determination:

A. Determination of misunderstanding of facts or misapprehension of the legal principles on (1) determination as to the violation of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, and the evidence duly adopted and examined by the court below, the defendant: (i) published an advertisement of the "portphone small amount settlement" in the name of "C" on the Internet website NAV, etc.; (ii) the defendant received from the requester who reported the above advertisement and received personal information, such as the mobile phone number, the amount desired to make a settlement, and the deposit account number of the settlement money from the requester who requested the communication, and then remitted the cash amount equivalent to 70% of the settlement amount to the client's passbook via the mobile phone number of the client's cell phone.