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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A has operated a restaurant in the trade name of D from November 14, 2010, and it is the actual business operator who sells E in the trade name of E from August 3, 2013.
Defendant
B as Defendant A’s children, lent the name of E.
1. No person who has installed a credit card terminal in the course of operating the place of business shall conduct any transaction by credit cards in the name of another credit card merchant;
Nevertheless, from August 3, 2013 to December 31, 2014, Defendant A sold to many customers at a D restaurant located in the Namyang-si F, Namyang-si, and Defendant A issued a disguised issuance of the amount equivalent to KRW 20,238 (1,300,935,000 by using a credit card device in the name of Defendant B, ASEAN.
As a result, Defendant A traded by credit card using the name of E-credit card merchant.
2. No person who has installed a credit card terminal in the course of operating his/her place of business shall lend his/her name to another person nor make a transaction by credit cards;
Nevertheless, from August 3, 2013 to December 31, 2014, Defendant B, his father, made a disguised publication of the amount equivalent to KRW 20,238 (1,300,935,000) by using credit card terminals installed in E located in Namyang-si, Namyang-si.
As a result, Defendant B lent the name of E-credit card merchant to another person.
Summary of Evidence
1. Part of the Defendants’ legal statements
1. A written accusation, a written report on completion of individual business investigation, a supplementary report on completion of each income tax investigation, a written confirmation of H preparation, a written answer to Defendant A’s production, a business registration certificate (D), a certification of closure of business (E), and nine copies of tax receipts;
1. Application of Acts and subordinate statutes to inquiries, such as each criminal history;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Articles 70(2)3 and 19(4)3 of the former Act on Financial Business Specializing in Credit (Amended by Act No. 13068, Jan. 20, 2015; hereinafter the same)