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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant was operating a restaurant in the name of Yongsan-gu Seoul Metropolitan Government, E, and the victim’s failure to repay his/her debt to the victim F, and the victim received the attachment and collection order from the Jeju District Court No. 2014, Oct. 17, 2014, as a notary public, based on the executory copy of the process deed No. 647, 2013, which was executed by the notary public, as the obligor, as the third party, such as the Non-National Card (State), Samsung Card (State), Samsung Card (State), and (State), which is the credit card company for which E is a member store, as the third party. The Defendant filed an application for the attachment and collection order with respect to the credit card sales claim against the third party debtor.
On October 2014, the Defendant operated the E’s credit card terminal device business operator number with the intent to evade compulsory execution under the above E around the end of October 2014.
The G replaced the business number with the credit card sales amount, thereby concealing the creditor.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. Statement made to I by the police;
1. A copy of passbook of an enterprise bank in the name of the complainant, and a copy of E sales receipt;
1. Responses to a request for cooperation in investigation (145 pages of investigation records), investigation reports (related to the provision of a copy of the credit card slip approved by the 124th page of the record);
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 327 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;