All appeals filed by A and prosecutor are dismissed.

A. Defendant A’s sentence is heavier than that of the lower court.

B. According to the evidence submitted by the Prosecutor, the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine (not guilty portion against Defendant A) can be found to have committed a transaction by credit card in the name of a credit card member store opened by another person, even though the Defendant was not a

2) Undue sentencing (for the Defendants, the lower court’s sentence against the Defendants is somewhat weak.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence examined by the lower court as to the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine.

The judgment of the court below seems legitimate.

1) The Defendant: (a) registered the business with the trade name “Mat and O Emt” lending the name from K and N; and (b) operated the said Mt.

In addition, in order to pay the price for the goods arising from the Mart operation, K and N entered into a credit card merchant agreement with the credit card company under the name of K and N, and made a transaction using the credit card in relation to the sale of goods.

2) Articles 70(2)6 and 20(2) of the former Act on Specialized Credit Financial Business (amended by Act No. 9459, Feb. 6, 2009; Act No. 13068, Jan. 20, 2015) punish a person, other than a credit card merchant, who makes a transaction by credit card, etc. in the name of a credit card merchant.

However, the purpose of this study is to prevent lending only the name of credit card member store without actual transactional relationship, that is, from pretending that it is the nominal transaction even though it is not the transaction of the nominal owner.

In this case, it does not include cases where a business owner who lends another person's name and substantially operates the business enters into a credit card merchant agreement using another person's name with the purpose of using it for the operation of the business and the credit card, etc. in his/her name.