The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant merely received an order from an existing credit service provider to discard the product, and kept each physical card listed in the attached list of crimes (hereinafter “each of the means of access in this case”) in the judgment below, and did not keep it for the purpose of using it for the unregistered credit service.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on a different premise, and the lower court erred by misapprehending the legal doctrine.

In light of the legal principles (as to Article 2 of the former Electronic Financial Transactions Act), even if the Defendant kept the means of access of this case for the purpose of using the unregistered credit business, the term “purpose of using the unregistered credit business” under Article 6(3)3 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202; hereinafter “former Electronic Financial Transactions Act”) does not constitute a requisite element of Article 6(3)3 of the former Electronic Financial Transactions Act.

Nevertheless, the court below found the defendant guilty of this part of the facts charged on different premise. The court below erred in the misapprehension of legal principles.

Each sentence of the lower court on unreasonable sentencing (the first and third punishment: imprisonment with prison labor for 6 months, confiscation, and second punishment: imprisonment with prison labor for 4 months and suspended execution for 2 years) is too unreasonable.

Judgment on the defendant's misunderstanding of facts

A. The lower court: (a) stated in detail on the basis of the judgment of the lower court regarding the storage of the means of access for “the purpose of the use of the means of access” under the title of “the Defendant, while having received and retained each of the means of access from a credit service provider that had previously employed himself/herself around August 2018; and (b) each of the means of access in the instant case from the relevant credit service provider.