Text
Defendant
B shall be punished by a fine of KRW 2,000,000.
Defendant
B If the above fine is not paid, 100,000 won.
Reasons
Punishment of the crime
Defendant
Part of the facts charged is revised to the extent that it does not disadvantage the exercise of the B's right of defense.
A is a person who is the third degree of relationship of Defendant B, Defendant B is a person who engages in a bond sales business in the trade name of “C,” and the above trade name was registered and a card settlement terminal was installed.
No one shall lend funds by means of a transaction by credit cards in pretending the sale of goods or the provision of services, etc.
Nevertheless, as a result, A had difficulties in raising funds due to the business depression of the driving range it operated, A made a proposal to Defendant B, “I would like to make a payment as if you purchased goods from “C” with a credit card in order to make a loan, and then send the settlement amount received from the credit card company,” and Defendant B had the mind that Defendant B would make a financing by pretending the sales.
Upon the request by A, around January 3, 2016, Defendant B settled the total of KRW 25 million over 15 times, as shown in the attached list of crimes, from around around the following time to May 8, 2017, from the “C” trucking from the “C” trucking the sale of goods of Defendant B, “C” with the E- Card in the name of Defendant A, which was set up in the Busan Seo-gu D apartment complex.
As a result, Defendant B did the act of financing by means of credit card transaction in most of the sale of goods.
Summary of Evidence
1. Defendant B’s legal statement
1. A's legal statement;
1. A written accusation;
1. Investigation report (to attach a detailed statement of card transaction and to arrange a list of crimes);
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant legal provisions concerning facts constituting an offense, and selection of fines under Article 70 (3) 2 (a) and (3) of the Specialized Credit Finance Business Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Innocence under Articles 70(1) and 69(2) of the Criminal Act;