Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person of "2016 Highest 1358" shall lend the name of a credit card merchant to another person.
Nevertheless, on June 1, 2015, the Defendant borrowed the name of “D” in the name of “D” that was registered under the name of the Defendant in the name of “Seoul-si, Yongsan-gu, Busan-si, to receive 5% of the sales price, and borrowed the said “D” in the name of “D”, and caused the said E to issue a false sales slip equivalent to KRW 29,801,000 from July 1, 2015 to October 2, 2015.
The Defendant is a de facto operator of “D” and “F”.
No person shall make a loan by means of a credit card or making another person do so on his/her behalf by pretending the sale of goods or provision of services, etc. or in excess of the actual sales amount.
Nevertheless, on January 26, 2016, the Defendant: (a) received a request from H to request for the lending of cash from H from 17:30,000 won from G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G, and, in return, 70,000 won was settled on the “D” credit card device, and 2:47,000 won was settled on the “F” credit card device.
Accordingly, the Defendant financed funds by pretending the sale of goods or the provision of services.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of suspect of the police to I and E;
1. Application of Acts and subordinate statutes on monthly card sales details;
1. Relevant Article 70 (4) 6, Article 19 (5) 4, and Article 70 (3) 2 (a) of the Act on Business of Financial Services Specializing in Granting credits and punishment for facts constituting an offense;
1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant lent his/her name to a credit card merchant, while recognizing the fact that he/she lent his/her name.