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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall lend funds by pretending the sale of goods or the provision of services, etc.
The Defendant subscribed to “B”, a system that gives virtual member store numbers to receive credit card payments without registration of business operators or registration of member stores with credit card companies, which is a system that gives virtual member stores. As seen above, the Defendant subscribed to the “B” in the virtual member stores established as above, by pretending to sell goods to credit card holders, paid the price of goods with credit cards, and received funds by re-deposit other than fees.
On September 21, 2016, the Defendant, using the aforementioned system installed in a mobile phone, made a settlement of KRW 1.3 million under the name of the Defendant with the C Card (D) in the name of the Defendant, pretended as if he sold cosmetics equivalent to KRW 1.3 million to the Defendant at the virtual franchise store established as above, and then received a deduction of KRW 3.85% of the settlement commission from “B” and made a loan to the Defendant himself, and from that time until July 10, 2017, the Defendant, as if he sold the goods to credit card holders on 22 occasions as shown in the attached credit card settlement statement from July 10, 2017, committed the act of making a payment by credit card and paying KRW 36,570,000 in total with the deducted amount of the fee, and making a loan by pretending the sale of the goods.
Summary of Evidence
1. Statement by the defendant in court;
1. Each report on investigation;
1. Application of the Acts and subordinate statutes governing prosecutions and crime sights;
1. Relevant Article 70 of the Act and Article 70 (3) 2 (a) of the Act and the selection of fines for each credit-based financial business specializing in the selection of applicable laws and punishment on criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.