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(영문) 대구지방법원 2017.12.21 2015노3635
전자금융거래법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding the facts and misunderstanding of the legal principles (the violation of the Electronic Financial Transactions Act due to the transfer of access media) by Defendant’s non-registered electronic financial company and the Defendant’s non-registered electronic financial company used the capital card as a means of transaction instructions by users. Thus, it constitutes an access medium as “number of vehicles giving transaction instructions to the electronic financial company.” The Defendants’ act constitutes a transfer of access media or a commercial loan, and thus, the lower court acquitted the Defendant

2) The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too uneasy and unreasonable.

B. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles (the violation of the Electronic Financial Transactions Act due to the electronic payment agency business without registration) were the relationship between the Defendant and the misunderstanding of the facts, and the Defendant used the E system with the user fee and lending the E system. Since the contract was terminated on April 2014, the later registered card was issued and operated by E as its own business and unrelated to the Defendant.

I Of the 12,000 pages 12,00, the member card No. 3 of the member card No. AT and the AT No. 121 of the 121, the card after the termination of the light contract was not issued by the defendant.

B) The Defendant’s act by misapprehending the legal doctrine does not constitute an electronic payment agency business subject to registration under the Electronic Financial Transactions Act.

2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. The lower court on the assertion of misunderstanding the prosecutor’s factual mistake and misapprehension of the legal doctrine, on the premise that ① the Defendant issued a glock card to the users on which the virtual account number received from a financial institution was indicated, and the virtual account service provided by a financial institution is provided by a business operator holding a master account associated with the virtual account and offered a virtual account number to the customers who receive goods or services from the financial institution so that it can be used for the settlement

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