Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
No one shall lend the name of a credit card merchant to another person.
Nevertheless, on August 31, 2011, the Defendant listened to the phrase “to offer one million won per month to lend the name,” from B, and from October 31, 201 to August 31, 2012, from around August 31, 2011, the Defendant opened a general restaurant business registration and a credit card merchant business registration with the business location as “Seoul Gangnam-gu Seoul Metropolitan City first-class floor” with the business location as “D’s first floor,” and lent the credit card payment terminal in the name of “D” to a person who is not his/her name and has another person prepare sales slips equivalent to KRW 1,402,864,00 in total using the device, thereby lending the name of credit card merchant.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written accusation;
1. Basic matters concerning the project executor;
1. A list of total tax invoices by seller and the list of total tax invoices by seller;
1. Certificates of total issuance, such as credit card sales slip;
1. Inquiry into the details of purchase and sale of alcoholic beverages;
1. Making inquiries into sales data;
1. Application for business registration, business report certificate, lease contract;
1. Application of Acts and subordinate statutes to photograph credit card terminals;
1. Article 70 (3) 6 of the Specialized Credit Finance Business Act and Article 19 (4) 4 of the Specialized Credit Finance Business Act concerning facts constituting an offense;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, which does not include any previous penalty or heavier punishment, and that the defendant does not have gross