A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a couple relationship with B, and is a person who operates the “D” in the Gyeongjin-gun, Chungcheongnam-do.

No one shall make a transaction by credit cards in the name of another credit card merchant.

Nevertheless, on October 10, 2017, the Defendant and B registered the name of “F” in the name of “E,” a mother of B, and applied for a credit card merchant, and offered a credit card merchant to keep the card terminal of “F” in “D” and to settle the sales generated from “D” with the F’s card terminal.

At around 13:28 on October 17, 2017, the Defendant and B paid KRW 21,000 from “D” to “F”’s card terminal. From that time to June 30, 2018, the Defendant and the Defendant paid KRW 150,94,000, total amount of sales generated from “D” over 3,223 occasions, as indicated in the attached crime list, from that time to June 30, 2018.

In collusion with B, the Defendant used the name of another credit card merchant, thereby making a credit card transaction.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Investigation reports (verification of whether value-added tax is additionally collected);

1. Application of Acts and subordinate statutes on details of sales of credit card, written accusation, on-site confirmation, and written explanation of confirmation, and the end of each credit card;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 70 (3) 3 and 19 (5) 3 of the Specialized Credit Finance Business Act that choose a sentence, and Article 30 of the Criminal Act ( comprehensively and collectively, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the execution of the sentence shall be suspended on the condition that the community service order is faithfully observed.

The crime of this case is committed with credit cards.