A shall be punished by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant registered and operated a business operator with the trade name of “E” and “F cafeteria” in netcheon-si D, and reported the closure of the business of “F cafeteria” on June 16, 2017, and B registered a business operator with the trade name of “F cafeteria” at the same place from June 7, 2017, but the actual operation of the business is carried out by the Defendant.

No credit card merchant operator shall make a transaction by credit cards in the name of another credit card merchant.

Nevertheless, from January 1, 2013 to October 20, 2017, the Defendant paid KRW 1,377,624,952 in total on 433 occasions by using a credit card device registered as a credit card merchant in the name of “E,” while approving the food cost by credit card presented by customers from “F cafeteria” operated by the Defendant, which was in net City D.

Accordingly, the defendant used the name of other credit card member stores to make credit card transactions.

Summary of Evidence

1. Defendant A’s legal statement

1. Details of sales of credit cards in E/F restaurants;

1. Application of the statutes of the list of monthly issuance of monthly credit card sales slips;

1. Article 70 (3) 3 and Article 19 (5) 3 of the Act on Business of Financial Services Specializing in Granting credits and imposing punishment on criminal facts, and selection of imprisonment;

1. Part concerning a suspended sentence under Article 62 (1) of the Criminal Act (the fact that there is no previous conviction for the same offense, the fact that it is against the law, and the payment of the unpaid tax, including penalty tax);

1. Summary of the facts charged

A. From June 13, 2017 to October 20, 2017, Defendant A paid KRW 32,329,490 in total on 890 occasions by using a credit card device in the name of “F cafeteria” registered as a credit card merchant under the name of customers, with the approval of food payment with the credit card presented by customers.

Accordingly, the defendant used the name of other credit card member stores to make credit card transactions.

(b) No person shall lend the name of a credit card merchant to another person;