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(영문) 청주지방법원 2017.01.13 2016고단618

사기등

Text

1. The defendant A shall be punished by imprisonment for four months, and the defendant B shall be punished by a fine of three million won;

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Specialized Credit Financial Business in the Cheongju District Court’s Assistance, and the said judgment became final and conclusive on June 24, 2016.

1. Defendant A

(a) No credit card merchant in violation of the Act on Specialized Credit Financial Business shall conduct a transaction by credit cards or lend the name of a credit card merchant to another person;

Nevertheless, on November 18, 2014, the Defendant offered a new card in order for customers to settle KRW 165,000 with the maintenance cost at the office of a stock company B (hereinafter “B”) located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant traded an amount of KRW 9,803,29 in the name of E using the same method as written in the list of crimes, from November 18, 2014 to December 30, 2014, including issuing a sales slips in the name of E, other than B, credit card member stores.

(b) No person who violates the Punishment of Tax Evaders Act or who possesses property without any tax payment shall conceal or evade such property, or make a false contract, for the purpose of evading or evading the disposition on default;

Nevertheless, the Defendant issued a sales slips in the name of E, a credit card merchant, other than B, for the purpose of evading the execution of the disposition on default, when B was subject to seizure of credit card sales bonds, etc. due to default of taxes, and concealed the property by issuing a sales slips in the name of E, a credit card merchant, other than B, from November 18, 2014 to December 30, 2014.

2. The Defendant Company B, at the time and place specified in paragraph 1, committed the Defendant’s act of violation as stipulated in paragraph 1 in relation to the Defendant’s duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1.F's letter of confirmation or accusation;

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