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(영문) 대구지방법원 2015.09.11 2015고정1614

여신전문금융업법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant in the name of "Ccafeteria" in Daegu Suwon-gu B, and a credit card merchant shall not trade by credit card in the name of another credit card merchant.

Nevertheless, on April 29, 2014, the Defendant registered the value-added tax-free business operator who mainly engages in meat retail business under the trade name of “C” with the name of the same place of business other than the above restaurant business operator, which is a taxable business operator, in order to be exempted from value-added tax while operating the above restaurant (number D), and on January 7, 2015, around 00:11, in order to issue credit card sales slips at the above restaurant and to avoid value-added tax, the Defendant traded 35,000 won of the sales proceeds, which was not sold as meat among KRW 50,000, in order to avoid value-added tax, using the name of other credit card merchants registered as the above tax-free business operator number, and made credit card transactions in the name of other credit card merchants from May 16, 2014 to March 23, 2015, including the transaction by credit card amounting to 14,660,390,391,00 won, as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. E-certification;

1. A written accusation;

1. Each investigation report (related to the Criminal Administration Act and hearing statements from the person responsible for filing a criminal charge);

1. Business registration certificate;

1. Entry of each credit card table, and application of each existing Act and subordinate statutes;

1. Article 70 (2) 3 and Article 19 (4) 3 of the former Specialized Credit Finance Business Act (Amended by Act No. 13068, Jan. 20, 2015);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;