All appeals by prosecutors are dismissed.

A. Defendant 1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) are separate corporations, and the Defendant explained to the Defendant’s immediate settlement system of F’s credit card operated by the Defendant rather than E’s immediate settlement system and borrowed the settlement amount from the damaged party. Therefore, there was no falsity of deceiving the victim, and due to tax issues, etc., the Defendant did not have committed a crime of defraudation since it failed to repay the loan by seizing F’s account at the tax office.

B) As to the violation of the credit-based financial business law due to lending the name of credit card member stores, L Co., Ltd. (hereinafter “L”) provided a device that can charge credit card points and transportation cards to a franchise store after soliciting a franchise store and concluding a franchise agreement, and provided a business by paying to a franchise store the remainder after deducting 3% of the fee from the fee for charging points and transportation cards. As such, the Financial Supervisory Service responded that there is no problem in such a business method, the Defendant’s act does not constitute lending of the name of credit card member stores prohibited by credit card specialized financial business.

2) The sentence of the lower court’s sentence against an unfair defendant in sentencing (one year of suspended sentence in two and half years of imprisonment) is too unreasonable.

B. Prosecutor 1) On March 4, 2011, 201, the part of KRW 25 million, which the victim remitted to a AF account under the name of the defendant on March 4, 201 at the request of the defendant on March 4, 2011, was acquired by deception from the defendant due to the same circumstance as the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which the court below found guilty, is also established a crime of fraud.

B) Violation of the law on credit-specialized financial business due to a violation of the prohibition of credit card payment.