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(영문) 대구지방법원 2016.01.29 2015노3298

전자금융거래법위반

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In fact, misunderstanding the legal principles and misunderstanding the Defendants merely engaged in issuing and managing the prepaid electronic payment means, and did not engage in the electronic payment settlement agency business.

Nevertheless, the judgment of the court below which found the defendant guilty of conducting an electronic payment agency business without registration is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

(2) The punishment sentenced by the lower court (Defendant A: imprisonment with prison labor for a year and six months, and Defendant B: imprisonment with prison labor for a year and one year and two months) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor (1) and the misunderstanding of the legal principles, the court below acquitted the Defendants on this part of the facts charged, although it is apparent that the Defendants’ distribution of the carbook constitutes an act of transferring access media, by misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment

(2) The above sentence, which the court below rendered unfair sentencing, is too unhued and unfair.

2. Determination:

A. (1) According to the evidence duly admitted and examined by the court below, the defendants' factual misunderstanding and misapprehension of the legal principles can be acknowledged that the use structure and use status of the Capital Card issued by the defendants are as follows.

(A) The card number and bank account number are given for each card in the ruling of the court below issued by the defendants. The card number and bank account number are designated for each card, and the card number and deposit account number are designated by the defendants to the companies operated by the defendants, and the virtual account is used for the registration of the members.

(B) A franchise store shall also receive the same glock card and have its members registered in the manner of designating the trade name, representative, and address, and allow its members to use the virtual account upon the registration of its members.

(C) If a customer who has received a capital card deposits money in a virtual account, the points as much as the amount is automatically charged, and the fee shall be paid from the franchise store with filled points.