Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Article 70(2)2(a) of the Specialized Credit Financial Business Act (amended by Act No. 1062, Mar. 12, 2010; hereinafter the same) provides that “a person who provides a loan to a credit card company or causes another person to do so by pretending to sell goods or provide services or by using a credit card in excess of the actual sales amount” shall be punished by imprisonment for not more than three years. Article 2(3) of the same Act provides that “a credit card company” shall be punished by imprisonment for not more than three years. “A credit card company” means a certificate issued by a credit card company (including a person engaging in credit card business in a foreign country) that repeatedly purchases goods or provides services from credit card merchants by presenting it or settle matters as determined by the Ordinance of the Prime Minister.” Furthermore, Article 2(3) of the same Act provides that “Debit cards and pre-paid cards”
Meanwhile, according to the records, if a credit card company that purchases goods and services requests a settlement of purchase price, such as goods, etc., issued by the credit card company in accordance with an agreement concluded with the credit card company under the Specialized Credit Financial Business Act, and the credit card company pays such purchase price to the purchaser company, and the purchasing company later pays such settlement price and fees, etc., and the purchasing company is a kind of electronic commerce method in which the credit card company pays the purchase price and fees to the credit card company. It is not a general credit card, but a credit card number that allows the purchasing company to pay the purchase price under the credit card transaction agreement.
2. The facts charged of this case is a method of trade under the premise that the above exclusive-use card for business purchase falls under the credit card stipulated in the Specialized Credit Financial Business Act, and by pretending to sell goods or provide services using