A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

From January 14, 2016 to September 30, 2017, the Defendant operates a corporation for the purpose of selling cosmetics wholesale and retail business, etc., and from July 2017, “C” is a person who sold virtual currencies through an Internet site (D).

No person shall make a loan by making a credit card transaction in excess of the actual sales of goods or provision of services, etc., or by making another person do so on his/her behalf.

Nevertheless, around July 3, 2017, at the above B office located in Gangnam-gu Seoul Metropolitan Government, the Defendant demanded the payment of the card instead of cash at the above online virtual currency transaction site. However, even though there was no fact that he actually sold goods such as cosmetics, the Defendant made a credit card transaction in the name of the above “B” credit card store and made a loan of money equivalent to the same amount to purchase the virtual currency at that amount.

By doing so, from around that time to September 18, 2017, the Defendant provided a financing of 143,327,000 won in total through a credit card transaction by pretending the sale of goods or the provision of services, such as the list of crimes in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Investigation of the other party to the settlement of cards/ investigation of the other party to the FF of female personnel);

1. A written accusation;

1. Application of Acts and subordinate statutes concerning the details of sales of credit cards, business registration certificates, transmission and reception of e-mail, screen pictures and payment status of coin purchase to the D Exchange;

1. Article 70 (3) 2 of the Act on Special Cases concerning relevant criminal facts and the finance business specializing in granting selective credits and punishment, and the choice of imprisonment;

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the background of the crime, the period of the crime, the closure of the business and the records of the crime in this case (one suspended sentence and one suspended sentence), etc. shall be considered.