All appeals filed by the defendant and prosecutor are dismissed.

1. Judgment on the misapprehension of the legal principle of the defendant

A. The Defendant’s summary of the exclusive-use card for business purchase is practically close to the “business operation loan”, and the Defendant had the intent and ability to pay a loan through self-financial services, and even if so, the Defendant paid a certain amount of money exceeding the actual transaction amount with the exclusive-use card for business purchase.

Even if there is a deceptive act, there is no causal relationship between such act and property damage and the possibility of damage.

(b) The exclusive-use card for business purchase under the exclusive-use card system for business purchase shall pay the price for the goods purchased by a purchasing enterprise from the selling enterprise (issuance of real assets or grant of card numbers) issued by the credit card company, and the selling enterprise shall receive the price for the goods from the credit card company. In this case, the selling enterprise shall bear the fee of the nature of the discount fee when receiving the sales price from the credit card company

In the case of using the exclusive-use card for business purchase, the borrower on credit for the price of goods is a purchasing enterprise, and the financial expenses are the same as the loan for business purchase, and the loan for credit sales claims and the discount system for commercial bills are the same in that the selling enterprise bears the burden.

(2) A purchasing enterprise shall pay the purchase price by its exclusive-use card for business purchase, (3) a purchasing enterprise shall transmit the details of delivery to the card company, (4) a credit card company shall pay sales proceeds after deducting the fees at the request of the selling enterprise, and the time when sales proceeds are paid is the date requested by the selling enterprise.

(5) The Defendant on the designated settlement date shall request the Victim KB National Card to pay it with the exclusive-use card for business purchase.